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 custom to it. Under section [...]
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 should be removed from the [...]
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 its Australian affiliate, Jackson's Art [...]
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 application system have been introduced, [...]
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 be free of allergens to [...]
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 building upon the prestigious international [...]
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 conduct. This is one of [...]
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 and services a trade mark [...]
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 Australian market, its MOTHER energy [...]
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 businesses and services entering the [...]
