Dean Gerakiteys

Clayton Utz

Articles

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You can't register that as a trade mark! A win from the discount bin for Aldi

Australia - August 30 2018 The more descriptive a trade mark, the greater the chance that it will be found to have no inherent adaptation to distinguish the goods of any…

Charis Chan

Burger beef: In-N-Out beats Down-N-Out in their recent branding stoush

Australia - March 5 2020 The case is an important reminder that inspiration can tip into misappropriation if a trader develops its brand with the intention of causing…

Down-N-Out on their luck: Burger appeal underlines difference between trade mark inspiration and misappropriation

Australia - February 4 2021 The Full Federal Court of Australia has not only rejected every appeal ground advanced by the operators of the "Down-N-Out" burger restaurants, but…

Natalie Coulton

A right to describe? Using another's registered trade mark to describe your product

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.

Mary Still

Banksy fight may paint a different picture under Australian trade mark law 02: Making out bad faith in Australia

Australia, European Union - July 22 2021 The first article in this five part series outlined the key issues arising from the EUIPO's approach to Banksy's trade marks as compared with…

Brett Doyle, Dunja Poljak