Recent Articles

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...

Qantas wins first prize for grammar

Nicholas Weston
June 15, 2009 04:36

In a recent decision by a Delegate of the Registrar of Trade Marks (Opposition by Virgin Blue Airlines Pty Ltd to registration of trade mark application No. 980223) Virgin has been unsuccessful in its attempt to stop Qantas from registering as a trade mark the slogan ‘ALL DAY,...

Recognising the Indications of Geography

Nicholas Weston
May 28, 2009 06:28

A recent decision by Justice Bennett concerning the use of the word ‘Bavaria’ in relation to beer has provided some interesting insights into the extent of protection provided for geographical indications under our trade mark legislation. The applicant, Bavaria NV, is a family-owned...