Trade Mark Opposition in the US – Critical Considerations

The United States is a jurisdiction that many of our clients are interested in when considering international trade marks protection.  With the right advice and guidance, registering a trade mark in the USA can be quite a straightforward process. However, as a brand owner, it is important to understand that the registration of a trade […]

In-N-Out Burger causes In-N-Out of business

In-N-Out Burger, a US fast food chain giant, does not have an outlet in Australia but occasionally runs very successful one-day only popup events across Australia, attracting long lines and hours of queuing from local foodies. Background In-N-Out Burger sent a cease and desist letter to In-N-Out Aussie Burger, a Queensland-based business selling burgers and […]

Hammies caught short when it comes to trade marks: Levi’s takes issue with shorts-maker

Levi Strauss & Co. v. Hammies Company, 3:22-cv-07056 (N.D. Cal.).  Levi’s has filed a trade mark related lawsuit against Santa Barbara-based apparel company Hammies. According to the complaint filed by Levi Strauss & CO (Levi’s) in federal court on November 10, Levi’s claims that Hammies use of little fabric tags is infringing their “famous” tab […]

David vs Goliath: the Battle between Designer vs Superstar

What is happening? The Australian designer, Katie Taylor, is in the process of suing the international star, Katy Perry, for infringing her clothing brand Katie Perry in Australia. What Constitutes Trade Mark Infringement? The unauthorised use of a trade mark for the same or similar goods and services, that is identical or confusingly similar to […]

Changing Hearts and Wines – Australian wine brand wins six-year trade mark battle in China

Trade mark infringement, copycatting, and bad faith application practices have become a prominent threat to businesses seeking to protect their brands. Whilst trade marks are designed to protect the intellectual property of businesses in relation to their commercial interests, the threat of infringement looms over even the smallest of businesses as globalisation and interconnectedness increases […]

Direct .au domain name registrations to launch on 24 March 2022

In just a few weeks’ time anyone with a verified connection to Australia will be able to apply for a shorter domain name, commonly referred to as a “second level name” or the “.au namespace”.   From 24 March 2022, applications can be made:   New direct .au domain names will be available to the public […]

Trade (and trade marks) between Australia and the United Kingdom (UK)

Here’s an update on the status of the FTA negotiations between Australia and the UK and how it may impact intellectual property owners and in particular, trade marks owners. On 17 December 2021, the Australian and UK governments virtually signed their highly anticipated Free Trade Agreement. In press releases, both countries emphasised the commercial benefits […]

OWNERSHIP OF TRADE MARKS – Identifying the correct applicant in Australian applications

The question of ownership is an important one that should be considered before promoting a trade mark or applying for registration of a trade mark. In Australia, the Courts have held that there are two general mechanisms by which ownership is acquired. These are through use and/or through authorship.  Ownership Through First Use  The first person to use a trade mark in trade […]

FINISH NOT FINISHED YET

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 The ongoing case involving the FINISH Powerball trade mark demonstrates the ramifications of a business not being aware of their competitor’s brands and reputation, prior to launching their own brands and products in Australia. The owner of the FINISH Powerball trade […]