The Federal Court has found that YELLOW (the word, not the colour) is not inherently adapted to distinguish for the purposes of s 41 of the Trade Marks Act 1995 (Cth)
The Applicant was the registered owner of a trade mark registration for the word BUGATTI in several classes including in relation to clothing
The Applicants alleged passing off, breach of the Australian Consumer Law (ACL) and breach of an agreement by the Respondent not to use the name in New South Wales
BJC is the registered owner of several trade marks including the word mark BOB JANE
Esso was the owner of two registered trade marks consisting of a “grotesque drawing of a person with a head in the shape of a drop of oil"
Ed Heerey QC regularly presents trade mark seminars at the Intellectual Property Society of Australia and New Zealand (IPSANZ) Annual Conference
In light of legislative reform, has the old tort passed on?
In Re Ferrero SpA the Registrar of Trade Marks rejected an application to register the Tic Tac box as a shape trade mark
Ed Heerey QC regularly presents trade mark seminars at the Intellectual Property Society of Australia and New Zealand (IPSANZ) Annual Conference