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Wild Turkey’s goose chase: court discretion keeps competitor’s trade mark on the register

  • Davies Collison Cave
  • -
  • Australia
  • -
  • April 6 2011

In the latest Australian chapter of a long-running, international trade mark dispute between the owners of Wild Turkey bourbon whiskey and Wild Geese whiskey, the Federal Court has exercised its discretion not to remove the registered Wild Geese trade mark for non-use, even though the statutory grounds for doing so had been established

How can you legally refer to another trader's trade mark?

  • Davies Collison Cave
  • -
  • Australia
  • -
  • September 14 2012

The Federal Court of Australia has provided useful guidance as to how a competitor may refer to another trader's trade mark and what use would constitute an infringement of the trade mark in the case of Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd