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.
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In Mars Australia Pty Ltd (formerly Effem Foods Pty Ltd) v Société des Produits Nestlé SA  FCA 639 the Federal Court has confirmed that Mars has the exclusive right to use the colour “Whiskas Purple” as a trade mark in relation to its cat food products. With...
Jay Hines, a partner at US intellectual property attorneys Cantor Colburn LLP, has flagged a looming deadline. Jay writes: "Colombia recently liberalized the administration of the .co country code domain name to open it up globally and streamline the registration process. Trademark owners...
An Australian brewing giant has been forced to change the name of an entire beer range after losing a trade mark infringement case in the High Court of Australia brought by a US wine giant. Mmmm, beer. Reminds me of that famous exchange between the then High Court judges and counsel during...
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  HCA 13 allowing an appeal relating to the meaning of ‘aggrieved’ under the Trade Marks Act 1995 (Cth) (the...
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  ATMO 7) has found against Apple Inc., and...
The 12 November 2009 decision in Alcon Inc v Bausch & Lomb (Australia) Pty Ltd  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...
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 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...
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...
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...