A spread stoush in Kraft v Bega: Lessons on the assignment of unregistered trade marks and underlying goodwill
In Australian law, unregistered trade marks and their associated goodwill are treated as one in the same. Goodwill can have many shapes and sources, but it is understood generally to refer to the commercial aspects of a business other than tangible assets that have attracted [...]
Fashion designer wins: What the Katy Perry v Katie Perry decision means for Australian trade mark owners
The long-running dispute between Australian fashion designer Katie Perry and international pop star Katy Perry has now been resolved with the High Court of Australia handing down a landmark trademark decision. The case concerned whether the Australian designer’s registered trade mark “Katie Perry” for clothing [...]
Jacksons Drawing Supplies Pty Ltd v Jackson’s Art Supplies Ltd (No 2) [2025] FCA 1127
The Federal Court recently considered a passing-off dispute involving two competing art supplies businesses operating under the name “Jackson”. The Australian retailer and applicant, Jacksons Drawing Supplies (JDS), whom did not register the trade mark “Jackson”, brought proceedings against Jackson’s Art Supplies (JAS) the UK competitor and [...]
United States Patent and Trademark Office (USPTO) Increases to Trademark Fees and Changes starting 18 January 2025
From 18 January 2025, the United States Patent and Trademark Office (“USPTO”) will adjust its fees, with its rationale being that these increases are necessary to provide themselves with the necessary resources to administer the US trademark system. As such, new surcharges/fees to the trademark [...]
Disney’s Shift in Legal Strategy: A Case Study in Contractual Disputes and Arbitration Clauses
In October 2023, Jeffrey Piccolo faced a devastating loss when his wife, Dr. Kanokporn Tangsuan, passed away due to a fatal allergic reaction at Raglan Road Irish Pub in Disney Springs, part of the Walt Disney World resort property. Despite assurances that Dr. Tangsuan's meal would [...]
Pointon Partners AGM LAWORLD SYDNEY
Further reflecting on the success of the AGM of LAWorld in Sydney, with some additional photos of our team at the fantastic event. We again give thanks to all of our LAWorld network for a successful and informative AGM and very much look forward to [...]
Burger Brawl: Hungry Jack’s’ BIG JACK not deceptively similar to McDonald’s’ BIG MAC
In McD Asia Pacific LLC v Hungry Jack’s Pty Ltd,[1] the Federal Court dismissed McDonald’s trade mark infringement claim against Hungry Jack’s for using BIG JACK and MEGA JACK in relation to hamburgers. However, Hungry Jack’s was held liable for engaging in misleading or deceptive [...]
Australian Trade Mark Register to Undergo International Harmonisation in 2024
On March 2024, Australia is set to replace its existing Goods and Services pick list with the Madrid Goods and Services list (“MGS list”). Our current pick list is a searchable list of over 60,000 descriptions of goods and services used to describe what goods [...]
A MOTHER-load of Oppositions: Energy Beverages Successfully Opposes Application for KANGAROO MOTHER
A recent Federal Court decision between the owners of the MOTHER Mark and Kangaroo Mother Australia provides guidance for prospective trade mark owners on what to consider before applying for a trade mark. Background Energy Beverages (EB) is a supplier of energy drinks for the [...]
Australia-UK FTA unleashes exciting opportunities for Australian businesses
The highly anticipated Australia-United Kingdom Free Trade Agreement (A-UK FTA) came into force on 31 May 2023. [1] The A-UK FTA is one of the most comprehensive and innovative free trade agreements Australia has signed to date, opening up a wealth of opportunities for Australian [...]