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An application for registration of a trade mark can be refused by Intellectual Property Australia (IP Australia) for various reasons – including the trade mark not being capable of distinguishing the applicant’s designated goods and/or services from the goods and/or services of other...
As stated by Justice Markovic in his opening paragraph of the 21 April 2023 judgment:
"This is a tale of two women, two teenage dreams and one name."
Katie Taylor (nee Perry) - the Australian fashion designer
- a fashion designer
- designed and sold clothes under the name "Katie Perry" since...
With the emergence of several notable burger restaurants in Sydney and surrounds in the last decade, it has become important for fast food businesses to brand themselves in a way that makes them stand out, or to offer services which differentiate them from the other burger restaurants that have...
Can a bikini-style name infringe a trademark? This is an issue which the Federal Court of Australia addressed in a 2019 decision involving Pinnacle Runway.
The parties
- Pinnacle Runway Pty Ltd (“Pinnacle”) designs, manufactures, supplies and sells women’s clothing in Australia...
The Supreme Court has struck out a claim made by Ms Annika Karlsson in which she alleged that Griffith University had breached her trademark registration of the slogan “Know more. Do more.” The Court’s decision can be read here.
Registering the trademark – by both...
On this eve of Anzac Day, we thought it was appropriate to look at the word ANZAC and the legal implications of using the word when naming a product, event or even your boat.
A quick history lesson
We all get taught about the importance and history of the Anzac landing on the shores of Gallipoli...
The media last year picked up on the fact that a Victorian company had applied to IP Australia for a trademark over the phrase “Waltzing Matilda” for goods and services relating to online material, videos, CDs etc. It was reported that as a result, the town of...
Your right to use a particular business or product name typically requires an assessment of what business or product names your competitors are already using in the market for your particular product or service. Similar names in the same market could create confusion or mislead/deceive...
