Australian Trade Marks Law Blog

A reliable source of information and commentary on issues relevant to Australian trademarks.

Author: Contributors include Mark Davison, co-author of Shanahan’s Australian Law of Trade Mark and Passing Off, the leading reference work on Australian trademark law; The Hon. Neil Brown, QC, a member of the World Intellectual Property Organization Domain Name Panel and the WIPO Arbitration Centre's List of Neutrals; Nick Weston and Lea Lewin of Nicholas Weston in Melbourne, Australia.

Blawg Related Categories: Intellectual Property Law • Trademark Law • International • Australia • Solo / Small Firm

Recent Posts from Australian Trade Marks Law Blog

Apple picks Woolworths in trade marks dispute
Apple is opposing registration as a trade mark the new logo of Australian supermarket chain Woolworths, claiming that the stylised green W is too similar to its own famous apple logo. Woolworths’ applications were submitted…
Nicholas Weston - INTA tilts at new internationalised GTLDs and ccTLDs coming in 2010
The Full Employment Act for Domain Name Practitioners, otherwise known as the new generic top-level domains (gTLDs) ‘internationalised domain names’ (IDN) program proposed by ICANN (the acronym obsessed, global domain name bureaucrats), could be active on…
Nicholas Weston - Guylian sells chocolate sea shells, but Court not so sure
In a recent decision handed down by the Federal Court, long time chocolate manufacturer, Chocolaterie Guylian N.V. (Guylian) has been unsuccessful in its attempt to register as a trade mark its seahorse-like shape praline chocolate: (Chocolaterie Guylian…
Nicholas Weston acts for Japan Karate Association in Fight over Trade Mark Rights with Japan Karate Association of Australia
Bah! No trade marks decisions of significance have been handed down by the Federal or High Court in weeks, so I am resorting to a Federal Court case my firm acted in earlier this year…
Mars craters
In Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCA 606 the applicant Mars Australia Pty Ltd (Mars) has manufactured, distributed, marketed and sold a bite-size confectionary called Maltesers in Australia since 1989. The…
Beware of cybersquatting on Facebook
Facebook has announced that it will begin offering personalised username URLs to its users. On a first-come, first-served basis commencing 13 June, 2009 Facebook users are able to register personalised domain names such as www.facebook.com/yourname…
Qantas wins first prize for grammar
In a recent decision by a Delegate of the Registrar of Trade Marks (Opposition by Virgin Blue Airlines Pty Ltd to registration of trade mark application No. 980223) Virgin has been unsuccessful in its attempt to…
Recognising the Indications of Geography
A recent decision by Justice Bennett concerning the use of the word ‘Bavaria’ in relation to beer has provided some interesting insights into the extent of protection provided for geographical indications under our trade mark…
Annual Nicholas Weston "Tattooed Brands" Global Survey 2009 Results
The first annual Nicholas Weston "Tattooed Brands" Global Survey was conducted during May 2009 with 20 tattoo businesses in the suburbs of Melbourne, Australia surveyed using a telephone interview questionnaire. Conducted by Australian law firm and…
Things just got UGGlier
In Deckers Outdoor Corporation Inc. v Farley (No 2) [2009] FCA 256, Deckers Outdoor Corporation, responsible for the well known sheepskin boots sold under the ‘UGG’ brand, has been successful in its application for summary judgement…