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Lost in translation: when is a foreign word mark inherently adapted to distinguish?
- Clayton Utz
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- Australia
- -
- March 18 2013
Foreign word marks can be inherently adapted to distinguish goods for the purposes of the Trade Marks Act 1995, even where the foreign language in
Rooing the day: Sunny Boy wins trade mark infringement
- Clayton Utz
- -
- Australia
- -
- January 31 2013
A recent case involving solar inverters is a nice example of how trade marks can be deceptively similar even without an actual intention to deceive
Nowhere to run for grey goods importers? Full Federal Court restricts parallel importation defence
- Clayton Utz
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- Australia
- -
- November 22 2012
Any would-be importer of grey goods now needs to investigate carefully the circumstances under which the trade marks have been applied
Raising the bar - changes to the Trade Marks Act 1995
- Clayton Utz
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- Australia
- -
- November 8 2012
The amendments to the Trade Marks Act 1995 should result in improvements in a number of areas of trade mark practice by streamlining processes, reducing delays and generally benefit trade mark owners
Descriptive but not distinctive: individual elements of a word mark may not necessarily be protected
- Clayton Utz
- -
- Australia
- -
- September 13 2012
The recent Australia Post case shows how hard it is to establish trade mark infringement where the words comprising a well-known mark are otherwise generally descriptive
Christian Louboutin sees red over Yves St Laurent's use of its colour trade mark
- Clayton Utz
- -
- Australia, USA
- -
- September 13 2012
Christian Louboutin had established reputation in its red sole as a trade mark but only in relation to shoes with a contrasting coloured upper, not monochromatic red shoes
Deceptively similar trade marks? Australian Postal Corp v Digital Post Australia Pty Ltd (No 2)
- Clayton Utz
- -
- Australia
- -
- September 7 2012
Marshall J of the Federal Court of Australia ruled on 17 August 2012 that the trademarks AUSTRALIA POST and DIGITAL POST AUSTRALIA are not deceptively similar when used in relation to digital mail services, that is, for "the delivery of what would otherwise be hard copy mail to a digital post box in electronic form, accessible to the addressee through the internet" (Australian Postal Corporation v Digital Post Australia Pty Ltd (No 2) 2012 FCA 862 (17 August 2012
The parallel importers' defence: how to establish "consent" of the Australian trade mark owner?
- Clayton Utz
- -
- Australia
- -
- July 19 2012
In practice, would-be parallel importers will have great difficulty in establishing consent and making use of the defence
A right to describe? Using another's registered trade mark to describe your product
- Clayton Utz
- -
- Australia
- -
- June 21 2012
The Granola case shows how hard it is for companies to establish their unique word marks have been infringed when they have otherwise come to have a meaning of their own
Australian top (level) 40!
- Clayton Utz
- -
- Australia, Global
- -
- June 21 2012
The applicants for new generic top level domain names have been publicised, so companies should consider whether they have any objections
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- Jurisdiction - Australia
- Workarea - Trademarks
- Firm Name - Clayton Utz
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