Australian Trade Marks Law Blog
This blog is authored by Nicholas Weston Law Firm in Melbourne. This blog covers business names, branding, domain names, the exploitation of trade marks, the Madrid Protocol, trade mark infringement and the Trade Practices Act.
Channels
- Practice Area
- Administrative Law
- Admiralty & Maritime Law
- Advertising Law
- Alternative Dispute Resolution
- AmLaw 200 Blogs
- Antitrust Law
- Civil Rights & Privacy Law
- Consumer Law
- Corporate & Commercial Litigation
- Criminal Law
- Divorce & Family Law
- Education Law
- Election Law & Political Commentary
- Electronic Discovery
- Employment & Labor Law
- Environmental Law
- General Counsel Blogs
- Immigration Law
- Insurance Law
- Intellectual Property Law
- International Law
- Judiciary Law
- Media, Entertainment & Sports Law
- Law Firm Management & Legal Marketing
- Personal Injury & Medical Law
- Probate & Estate Planning
- Real Estate & Construction Law
- Tax & Financial Law
- Technology
- Whistleblower Law
- Law School
Recent Articles
Do .tel
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
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
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
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
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
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
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
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
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
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...

