Plant breeder’s rights in the EU
The European Court of Justice has dismissed Ralf Schräder’s appeal from the rejection of its registration for plant breeder’s rights in plectranthus ornatus. It would seem after detailed genetic...
View ArticleRegistering a trade mark in bad faith
Dodds-Streeton J has handed down what appears to be the first detailed judicial consideration in Australia of what constitutes making an application for a trade mark in bad faith contrary to s 62A....
View ArticleQ1?
Mr Spagnuolo has been granted “special” leave to appeal to the Full Court from Reeves J’s dismissal of his opposition to Mantra registering Q1 for a range of accommodation, travel and holiday services....
View ArticleZima is a registrable trade mark
Gordon J has overturned the Registrar's refusal to register ZIMA as a trade mark for tomatoes and directed its registration
View ArticleThe word yellow is descriptive of online directories
The Full Court has dismissed Telstra's appeal against "Yellow" being found descriptive of print and online directories.
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Chemist Warehouse dismissed
While we are on the subject of misleading or deceptive conduct, the Full Court has dismissed “Chemist Warehouse”‘s appeal from Middleton J’s dismissal of its claim that stores like these: Another view...
View ArticleAccor gets its trade marks back
Accor has trade mark registrations for “Cairns Harbour Lights” and “Harbour Lights”, which it used to promote accommodation at the Harbour Lights complex in, you guessed it, Cairns. It sued Liv Pty Ltd...
View ArticlePrimary Health Care
The Full Court has dismissed Primary Healthcare’s appeal from the decision rejecting its attempt to register “Primary Health Care” for medical services. The judgment is 438 paragraphs long; Greenwood J...
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Shades of green
Frucor’s attempt to register the colour green as the predominant colour applied to its “V” energy drinks has failed. The colour being applied for was not properly defined and, consequently, had not...
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