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By Nick Weston
In Disney Enterprises, Inc v Sondavid Pty Ltd [2008] FCA 1394 (11 September 2008), Disney sought an order pursuant to s 137(5) of the Trade Marks Act 1995 (Cth) (Act) to restrain the Customs CEO (until further order) from releasing certain goods seized by the Australian Customs Service (notified to Disney on 18 July 2008).
By Nick Weston
A recent Trade Marks Office decision that suspended three pending opposition proceedings in relation to trade mark applications made by Cadbury UK Limited for certain shades of purple has been overturned by the Federal Court.
By Nick Weston
In Neumann v Sons of the Desert SL [2008] FCA 1183 (11 August 2008), the applicant invoked the Federal Court's jurisdiction to hear and determine appeals against decisions, directions or orders of the Registrar of Trade Marks pursuant to s 191 of the Trade Marks Act 1995 (Cth ) (Act).
By Nick Weston
Australia has concluded negotiations for the region-wide ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA).
By Nick Weston
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'.
By Nick Weston
As of 1 June 2008, a new and more flexible registrant transfer policy comes into effect, allowing domain name registrants to transfer their domain name licence to another eligible entity for any reason.
By Nick Weston
Nicholas Weston, the law firm behind the Australian Trade Marks Law Blog has moved to so-called 'cloud computing' technology architecture with the adoption of the WebTMS browser-based trade mark management system.
By Mark Davison
Cadbury has lost the latest battle over the exclusive use of the colour purple on chocolate wrapping but, regrettably, the chocolate wars are probably still far from over.
By Nick Weston
In Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406 (31 March 2008) the success or otherwise of both the claim and the cross-claim turned on each party evidencing a sufficient reputation of its product amongst Australian customers by reference to the unregistered marks MONSTER and MONSTER ENERGY in the context of deciding whether there had been a passing off at common law or a contravention of s 52 of the Trade Practices Act 1974 (Cth) (TPA).
By Nick Weston
As of 28 March 2008, the period in which a trade mark can be renewed after its expiry date will be reduced from 12 months to 6 months. This change to the renewal grace period is in accordance with the Trade Marks Amendment Act 2006 (No.114, 2006)
By Lea Lewin
The Madrid System, administered by the International Bureau of the World Intellectual Property Organisation (WIPO) comprises two treaties; the Madrid Agreement Concerning the International Registration of Marks (since 1892), and the Protocol Relating to the Madrid Agreement (in force as of 1 April 1996).