In the Registrar’s decision of National Australia Bank Limited  ATMO 41 (19 March 2020), National Australia Bank (“NAB”) have successfully relied upon the their significant reputation in Australia to overcome citations of prior rights and secure acceptance of the composite logo mark (“NAB Logo mark”) shown below. The Registrar followed the previous decision of
Ride2Work Day: What role has intellectual property played in the success of the Brompton folding bike?
It’s that time of the year again: it’s National Ride2Work Day (Wednesday 17 October 2018). With this in mind, I thought I’d take the opportunity to show my appreciation for my favourite way to travel to work: the Brompton folding bicycle. I take a brief look at the bike and the role of intellectual property
Welcome to Shelston IP’s 2016 round up of key trade mark cases in Australia and New Zealand. Non-use cases made a frequent appearance in 2016, including interesting decisions on the level of control required over a licensee to rely on the licensee’s use of the trade mark, and whether a foreign entity can be
In 2013 the Federal Court of Australia has provided useful guidance on some key aspects of trade mark infringement and protection including: how registrability of trade marks consisting of foreign language words should be assessed (but stay tuned because this case has now gone to the High Court) the Court’s attitude to survey evidence (don’t
In late January it was widely reported that New Jersey Transit failed to register seven trade marks including its logo and well-known slogan, ‘NJ Transit the way to go’. The error was costly, both from a financial perspective and a reputational one. As the state’s public transport corporation, NJ Transit operates 230-plus bus routes and
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