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
Intercity Group (NZ) Ltd v Nakedbus NZ Ltd  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,
Mastronardi Produce Ltd v The Registrar of Trade Marks  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),
Coca Cola Co v PepsiCo Inc (No 2)  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
Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd  FCAFC 75 Key issue Use of elements of a competitor’s trade mark on a website – trade mark use or descriptive use? Facts LS and ELHE were direct, aggressive competitors, each supplying disability platform elevators for home use. ELHE’s search engine optimisation