Category Archives: Trademark

The licensing arm of the estate of Ernest Hemingway have prevented registration of a trademark appearing to bear his signature in relation to fishing rods.

The Associated press reports that Dr Pepper Snapple Group is parting ways with its oldest bottler – settling a trademark feud over a retro-version of the drink called Dublin Dr Pepper.

Actress Mischa Barton’s company has won the right to trade mark her name, signature and logo in Australia after a two and half year battle withan Australian hand bag company.

The decision of the Federal Court in Austin, Nichols & Co Inc v Lodestar Anstalt [2011] FCA 39 illustrates that the discretion to retain a trade mark on the Register, where a prima facie case for removal for non-use has been made out, may be exercised where there is a possibility of public confusion if [...]

Evidence of representations made during a trap purchase may be crucial in proving passing off or misleading and deceptive conduct.

Whirlpool Properties, Inc the company behind the well-known KITCHENAID food mixer has successfully prevented registration of the trade mark KitchenMaid.

Nature’s Blend, owner of the trade mark LUSCIOUS LIPS, has failed in its appeal to the Full Federal Court against a finding of non-infringement by Nestlé in Nature’s Blend Pty Ltd v Nestlé Australia Ltd [2010] FCAFC 117.

In Eurark LLC v Planet Health Pty Limited [2010] ATMO 75 Eurark successfully defended an action by Planet Health for removal of its trade mark FOREVER YOUNG on the basis of nonuse.  The trade mark was registered in respect of “cosmetics, namely cellular moisturizing creams, lotions and gels”.