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Australia Trademark Infringement Intellectual Property Protection

International Lawyers Network

Case Law Update: The Australian Federal Court’s Approach to Non-English Word Trade Marks

In her recent decision in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 (Caporaso v Mercato), the Honourable Justice Charlesworth of the Federal Court of Australia has demonstrated how Australian courts...more

International Lawyers Network

2023: The Year of the Burgers

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd (Hungry...more

International Lawyers Network

First-to-File or First-to-Use? Trademark Protection in Australia

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark....more

Jones Day

Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

Jones Day on

Australia's Copyright Act allows for various "fair dealing" defenses that set out defined categories of acceptable uses of copyrighted work. These uses include research or study, criticism or review, parody or satire,...more

International Lawyers Network

IP Considerations For Businesses Operating Online – An Australian Perspective

Recent changes in consumer behaviour due to the COVID-19 pandemic mean that few businesses can afford to ignore the internet, and the opportunities for efficiencies and scale that it offers.  Operating a business online...more

K&L Gates LLP

Style is Everything, But Style Names Aren’t “Trade Marks”

K&L Gates LLP on

Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 - In a recent decision commenced by Pinnacle Runway against well-known swimwear brand Triangl, the Federal Court has chastised the parties involved for partaking in...more

K&L Gates LLP

SENSIS v SENSES – Federal Court Makes Findings of Deceptive Similarity

K&L Gates LLP on

The Federal Court of Australia has found that the use of “SENSES DIRECT” was deceptively similar to an applicant’s earlier registered “SENSIS” trade marks. ...more

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