Trade mark fights headed to the High Court
Last Friday the High Court granted special leave to appeal against two Full Federal Court decisions in relation to trade mark disputes.
The first, against the decision in Health World Limited v Shin-Sun Australia Pty Ltd [2009] FCAFC 14, raises the issue of standing to seek revocation of a trade mark under sections 88 and 92 (as it previously stood) and in particular whether to be a “person aggrieved” one need show an appreciable legal or practical disadvantage.
The second, against the decision in E & J Gallo Winery v Lion Nathan Australia Pty Limited [2009] FCAFC 27 (previously reported here) relates to the nature of the use necessary to defeat a non-use action and whether sale of goods bearing the trade mark in Australia by someone other than the trade mark owner and without its knowledge is sufficient.
Transcripts of the special leave hearings are available here and here.