Name of tomato variety can be registered as trademark

In Mastronardi Produce Ltd v Registrar of Trademarks ([2014] FCA 1021, September 19 2014), Mastronardi Produce Limited has succeeded in an appeal against a decision of the registrar of trademarks that refused registration of the trademark ZIMA for tomatoes.   The principal issue in contention was whether ZIMA functions as a trademark to distinguish the goods of Mastronardi

Similarity in trade dress sufficient in opposition

Altanea Gida Anonim Sirketi (the Holder) and Red Bull GmbH (Red Bull) are in dispute in a number of jurisdictions. In Australia, the Holder sought registration for the mark. Red Bull opposed on the basis of its reputation in respect of the trade dress used on its cans. The Hearing Officer confirmed that under s60