NAB’s reputation takes it over the bridge

In the Registrar’s decision of National Australia Bank Limited [2020] 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

Best Trade Mark Cases 2016

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

Nakedbus stripped by Intercity

Intercity Group (NZ) Ltd v Nakedbus NZ Ltd [2014] HC 124   Key issue Did use of a competitor’s mark in Google AdWords infringe the trade mark? Was the mark used descriptively in advertising or as a trade mark? Facts I and N are the no. 1 and 2 long distance bus companies in NZ,

Rotten (Zima) Tomato for the Trade Marks Registrar

Mastronardi Produce Ltd v The Registrar of Trade Marks [2014] FC 1021 Key issue Use of product variety names as a trade mark – inherent distinctiveness. Facts M applied to register ZIMA as a brand name for tomatoes in class 31. The Registrar refused the application: it was not inherently adapted to distinguish (section 41(6),

Coke looking out of shape to Pepsi’s Carolina

Coca Cola Co v PepsiCo Inc (No 2) [2014] FCA 1287   Key issue Shape trade marks and use of a shape as a trade mark. Facts Coca Cola has sold its beverage in a distinctive contoured bottle (Contour Bottle) for over 75 years in Australia and holds 4 registered Australian trade marks relating to

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