shape marks

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...

No shape mark injunction in fight between two armless chairs

Nicholas Weston
January 18, 2009 03:29

In Sebel Furniture Limited v Acoustic & Felts Pty Limited [2009] FCA 6 (12 January 2009), the applicant (Sebel) is the Registered Owner of Trade Mark No 1054076 in respect of a shape kind of sign or shape device (Sebel’s trade mark). Sebel’s trade mark is registered in Class 20 in...

CFI ducks patent challenge, dismisses Lego appeal

November 12, 2008 10:54

The Court of First Instance of the European Communities (CFI) this morning gave its ruling in Case T?270/06, Lego Juris A/S v Office for Harmonisation in the Internal Market, Mega Brands, Inc. (intervening). This was an appeal from OHIM's rarely-constituted Grand Board of Appeal. The Grand Board...

Shoe Shape Marks Ship Shape

Nicholas Weston
May 10, 2008 07:30

In Global Brand Marketing Inc v YD Pty Ltd [2008] FCA 605 (7 May 2008) the applicants, Global Brand Marketing Inc (Global) and Diesel Spa (Diesel), contended that by s 120 of the Act, the respondents' (YD) shoes infringed two shape trade marks registered by Diesel in class 25 for 'footwear'. The...

Shape trade mark not a means to protect an article formerly exploited under a patent

Nicholas Weston
February 02, 2008 01:17

In Mayne Industries Pty Ltd v Advanced Engineering Group Pty Ltd [2008] FCA 27, Mayne Industries Pty Ltd (Mayne) was the registered owner of ‘a shape kind of sign’ for goods in class 6 described as ‘fence droppers’ comprising ‘a rod bent to an S shape.’ A...