Protecting the brand assets of Australia’s most iconic surf lifesaving club

Our pro bono program is a cornerstone of our Corporate Responsibility efforts. In 2014 we signed on to the National Pro Bono Resource Centre’s Aspirational Target. We also appointed Katrina Crooks as our Pro Bono Partner. Under Katrina’s stewardship, we are working hard to increase the amount of pro bono work we undertake, and improve

Court goes into Batts for Tasman Insulation

Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd [2014] NZHC 960   Key issues When has a trade mark become generic? Was a website metatag used as a trade mark? Facts  T was the owner of BATTS for insulating materials in class 17 since 1973. (T also owns PINK BATTS.) K imported insulation materials

Wipeout for Zoggs in Sexwax stoush

Sexwax Incorporated v Zoggs International Limited [2014] NZCA 311   Key issue Deceptively and confusingly similar trade marks – what is the market for assessing reputation? Facts S coined the following logo trade mark in California around 1972: The mark was not registered in NZ but was known there from around 1981 in connection with

Apple not ‘Appy’ with what’s in store for App Store

Apple Inc v The Registrar of Trade Marks [2014] FCA 1304 Key issue Trade marks which lack distinctiveness and have not acquired distinctiveness through use. Facts A launched its App Store in Australia on 11 July 2008. One week later, it applied to register APP STORE as a trade mark for retail store services featuring computer

Telstra and Yellowbook.com.au jaundiced double fail after battle

Phone Directories Company Australia P/L v Telstra Corp Ltd [2014] FCA 373   Key issues Colour trade marks and word marks referring to colours – inherent adaptation to distinguish. Facts T applied to register YELLOW as a trade mark for print and online phone directories and other goods and services.  P and Yellowbook.com.au Pty Ltd

Taylor Swift’s sick trade marks

Taylor Swift recently applied for various US trade marks including This Sick Beat, generating a storm of protest in the process. The famous Ms Swift is one of the most popular country and pop music singers in the US, and indeed the world. The phrase “this sick beat” comes from her recent chart-topping song Shake

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