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trade practices act
Mars craters
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...
Things just got UGGlier
In Deckers Outdoor Corporation Inc. v Farley (No 2) [2009] FCA 256, the owners of the well known sheepskin boots sold under the ‘UGG’ brand has been successful in its application for summary judgement for the trade mark infringement of their composite trade mark No. 785466. The...
No shape mark injunction in fight between two armless chairs
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...
When is trade mark infringement not also misleading and deceptive conduct? Bing!
In Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 1) [2008] FCA 1760, Justice Collier in the Federal Court in Brisbane has just handed down a judgment in a case alleging trade mark infringement and a breach of s52 of the Trade Practices Act 1974 (Cth) (TPA). The registered...
Monster Energy keeps battling
In Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCAFC 181 (14 November 2008) the Full Federal Court has handed down a decision, in three separate judgments, that will make it easier for owners of well-known brands to establish their reputations in Australia. The Full Court, in...