Recent Articles

Do .tel

Nicholas Weston
November 16, 2008 23:43

Starting on 3 December, trade marks owners will get first look-in on obtaining the new .tel top level domains that publish contact data directly in the DNS, not on html based websites. So brand owners should probably ensure that they are first in to register each corresponding .tel address....

WIPO's role as a provider of domain name dispute resolution services

Nicholas Weston
October 26, 2008 09:48

  The writer has been attending the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Center’s two workshops in Geneva over the past week, one on Arbitration and the other an “Advanced Workshop on Domain Name Dispute Resolution”. It is from the latter...

Two Men And A Truck beat Three Men & A Truck

Nicholas Weston
October 11, 2008 08:37

In Two Men and A Truck Aust Pty Ltd v Three Men & A Truck Removals and Storage Pty Ltd & Anor [2008] FMCA 1333 (26 September 2008) [2008] FMCA 1333 the applicant, Two Men And A Truck Australia Pty Limited (Two Men And A Truck), has two Australian Registered Trade Marks, with a priority date...

Macquarie Bank and serial cybersquatter go around again

Nicholas Weston
October 05, 2008 22:52

 In Macquarie Bank Limited (ACN 008 583 542) and Another v. David Seagle [2008] FCA 1417(19 September 2008), the presiding Justice Jagot of the Federal Court in Sydney (unsurprisingly) held in favour of the applicants, a well-known Bank in Australia against the respondent, David Seagle, aka...

HUGGIES WINS ON APPEAL - OVERLAPPING TRADE CHANNELS MAY LEAD TO OVERTURNING OF TRADE MARKS REGISTRATION

Nicholas Weston
September 29, 2008 02:01

In Kimberley-Clark Worldwide, Inc v. Goulimis 2008 FCA 1415 (16 September 2008), the applicant (Kimberley-Clark) made an appeal to the Federal Court of Australia and successfully quashed the Registrar’s decision on 17 January 2008. The Registrar had allowed the respondent to...

Mickey Mouse gets the gloves off

Nicholas Weston
September 14, 2008 03:10

In Disney Enterprises, Inc v Sondavid Pty Ltd [2008] FCA 1394 (11 September 2008), Disney sought an order pursuant to s 137(5) of the Trade Marks Act 1995 (Cth) (Act) to restrain the Customs CEO (until further order) from releasing certain goods seized by the Australian Customs Service (notified to...

What [right]'s in a [Business] Name

Nicholas Weston
September 08, 2008 11:45

In Westpac Banking Corporation v. McMillan & Melbas On The Park Pty Ltd (formerly Credit Systems Australia Pty Ltd) [2008] QSC 2006 (2 September 2008), Justice White in the Supreme Court of Queensland has just given a declaratory judgment to Westpac in relation to its...

Australia concludes AANZFTA negotiations

Nicholas Weston
August 31, 2008 03:42

Australia has concluded negotiations for the region-wide ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA). The agreement marks a significant step towards the lifting of ASEAN trade barriers on Australian products and services, and the possible establishment of a regional trade marks...

ASX listed Agenix appoints Weston as new Chairman

Nicholas Weston
August 25, 2008 00:23

Brisbane based, publicly listed bio-tech, Agenix Limited (Agenix) [ASX: AGX, NASDAQ OTC: AGXLY] has appointed Nick Weston of Melbourne based law firm Nicholas Weston to its board of directors as Chairman. The ASX press release is available HERE. Agenix was listed on the Australian Stock Exchange in...

Contrary to law finding is contrary to law

Nicholas Weston
August 18, 2008 10:50

In Neumann v Sons of the Desert SL [2008] FCA 1183 (11 August 2008), the applicant invoked the Federal Court’s jurisdiction to hear and determine appeals against decisions, directions or orders of the Registrar of Trade Marks pursuant to s 191 of the Trade Marks Act 1995 (Cth ) (Act). The...