Court: Federal Court of Australia

A lack of intention to use prevents registration of KANGAROO MOTHER mark

The Federal Court found that the broad scope of the goods specification was “obviously speculative”.

06 October 2023

Australia: Courts Clarify Key Components of National Trademark law

Landmark judgments have set important precedents regarding what constitutes a trademark, the relevance of a mark’s reputation when determining infringement and the applicability of the Nice Classification.

25 August 2023

Master of your domain: websites, social media and trademark infringement

Businesses may be found liable for trademark infringement if they adopt the wrong email address, website URL, Facebook name or Instagram handle.

11 August 2023

Federal Court determines long-running KATIE PERRY v KATY PERRY dispute

An Australian fashion designer who owns a registration for KATIE PERRY has been partially successful in her claims of trademark infringement against an entity related to US singer Katy Perry.

17 May 2023

Full Federal Court issues latest decision in MOTHER dispute  

The decision serves as a reminder that not every use of a mark in branding will be considered use “as a trademark”.

27 April 2023

Pokémon granted injunctive relief by Federal Court

The evidence strongly suggested that the conduct of the respondents was designed to mislead consumers into believing that they were licensed or otherwise authorised by Pokémon to develop games.

21 February 2023

Full Federal Court dismisses Corner Hotel appeal

The decision makes it clear that the test for deceptive similarity involves consideration of the ordinary consumer’s imperfect recollection of the registered trademark.

06 December 2022

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