Recent Articles

High Court sits to determine standing

April 27, 2010 04:13

In one of the few recently decided High Court cases dealing with trade mark issues, a unanimous decision was handed down in Health World Limited v Shin-Sun Australia Pty Ltd [2010] HCA 13 allowing an appeal relating to the meaning of ‘aggrieved’ under the Trade Marks Act 1995 (Cth) (the...

She will not be Apple's

March 19, 2010 05:46

Australian idiom for “it will be alright” is “she’ll be apples” but recently, Apple Inc found that she won’t. A recent decision by a Delegate of the Registrar of Trade Marks (Apple Inc v Wholesale Central Pty Ltd [2010] ATMO 7) has found against Apple Inc., and...

Trade Mark Use: We need a more balanced solution

Nicholas Weston
November 17, 2009 04:32

The 12 November 2009 decision in Alcon Inc v Bausch & Lomb (Australia) Pty Ltd [2009] FCA 1299 focuses almost exclusively on whether the defendant had used the plaintiff’s trade mark ‘as a trade mark’. Alcon has a registered trade mark ‘BSS’ for ophthalmic...

Cannot Understand Non-Latin Domain Name Endings?

Nicholas Weston
November 17, 2009 03:39

From 16 November 2009, the Internet Corporation for Assigned Names and Numbers (ICANN) will take the first step in a long process to introduce the option of ending domain names in non-Latin characters with an aim is to improving access for 800 million-plus Internet users in non-Latin script using...

Apple picks Woolworths in trade marks dispute

Nicholas Weston
October 06, 2009 05:01

Apple is opposing registration as a trade mark the new logo of Australian supermarket chain Woolworths, claiming that the stylised green W is too similar to its own famous apple logo. Woolworths’ applications were submitted in August 2008, and seek to include a wide range...

Nicholas Weston - INTA tilts at new internationalised GTLDs and ccTLDs coming in 2010

Nicholas Weston
September 07, 2009 06:32

The Full Employment Act for Domain Name Practitioners, otherwise known as the new generic top-level domains (gTLDs) ‘internationalised domain names’ (IDN) program proposed by ICANN (the acronym obsessed, global domain name bureaucrats), could be active on the Internet by the end of...

Nicholas Weston - Guylian sells chocolate sea shells, but Court not so sure

Nicholas Weston
August 22, 2009 12:15

In a recent decision handed down by the Federal Court, long time chocolate manufacturer, Chocolaterie Guylian N.V. (Guylian) has been unsuccessful in its attempt to register as a trade mark its seahorse-like shape praline chocolate: (Chocolaterie Guylian N.V. v Registrar of Trade...

Nicholas Weston acts for Japan Karate Association in Fight over Trade Mark Rights with Japan Karate Association of Australia

Nicholas Weston
August 04, 2009 12:39

Bah! No trade marks decisions of significance have been handed down by the Federal or High Court in weeks, so I am resorting to a Federal Court case my firm acted in earlier this year that resulted in a non-confidential settlement entirely in our client’s favour. The settlement was...

Mars craters

Nicholas Weston
June 27, 2009 09:48

In Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCA 606   the applicant Mars Australia Pty Ltd (Mars) has manufactured, distributed, marketed and sold a bite-size confectionary called Maltesers in Australia since 1989. The respondent (Sweet Rewards) has imported, distributed...

Beware of cybersquatting on Facebook

Nicholas Weston
June 16, 2009 08:17

Facebook has announced that it will begin offering personalised username URLs to its users. On a first-come, first-served basis commencing 13 June, 2009 Facebook users are able to register personalised domain names such as www.facebook.com/yourname for their Facebook pages. Previously, a...