opposition proceedings

She will not be Apple's

March 19, 2010 05:46

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 [2010] ATMO 7) has found against Apple Inc., and...

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...

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...

Battle of the b(r)and - get a well drafted band agreement or a drum machine

Nicholas Weston
February 21, 2009 01:37

The curious afterlife of old bands, some of whom survive their original membership, is a little publicised niche of the IP world. Legal disputes about who owns the rights to the names of some of the world's most lauded rock bands are not uncommon. The oddest is probably Blood Sweat and Tears, which...

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...