Protecting your turf with trade marks and plant breeder’s rights

Sir Walter is a variety of turf grass (Stenotaphrum secundatum) for which Buchanan Turf Supplies Pty Ltd (“Buchanan”)  was granted Plant Breeder’s Rights (PBR) in 1998.  The PBR is set to expire in 2018.  The case concerned a trade mark application by Buchanan for the word “SIR WALTER” in respect of goods and services in