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

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…
Lion Nathan legs it with Barefoot
In E & J Gallo Winery v Lion Nathan Australia Pty Limited [2009] FCAFC 27 the Full Federal Court has affirmed a first-instance decision to remove E & J Gallo’s ‘BAREFOOT’ trade mark from the…
Novel domain name decision clarifies tests for consolidation of multiple complainants
In National Dial A Word Registry Pty Ltd and others v. 1300 Directory Pty Ltd (WIPO Case No. DAU2008-0021) an Administrative Panel Decision of the WIPO Arbitration and Mediation Center handed down on 6 March,…
Pioneering Decision on Non-use
Pioneer KK, the makers of quite well known audio, audio-visual and home entertainment products have had a big win in an application against them for non-use of their trade mark on a range of goods.…
Battle of the b(r)and - get a well drafted band agreement or a drum machine
The curious afterlife of old bands, some of whom survive their original membership, is a little publicised niche of the IP world. Legal disputes about who owns the rights to the names of some of…