Australian Federal Court Decision – VAGISIL v VAGISAN

Dr August Wolff GmbH & Co. KG Arzneimittel v Combe International Ltd [2020] FCA 39 (3 February 2020)   On 3 February 2020, Dr August Wolff GmbH & Co. KG Arzneimittel (Dr Wolff) successfully appealed against a decision by the Registrar of Trade Marks, which refused registration of its VAGISAN trademark. Background The VAGISAN trade

COVID-19 – Trade Mark Office Practice Update

Australia The Australian Trade Marks Office’s operations have been largely unaffected by the coronavirus outbreak. Processing and examination timeframes have not been significantly impacted, and the day-to-day operations of the Office remain, for the most part, unchanged. The Australian Office has very recently implemented a process for granting free three months extensions of time in

Bad Faith in Australia – A Brief Review of Recent Cases

The relatively new “bad faith” (section 62A) ground of opposition can be a strong basis for action against misappropriation of a trade mark owners’ goodwill, where the more commonly used grounds of deceptive similarity with an earlier mark (section 44) and likelihood of confusion due to reputation in an earlier mark (section 60) would fail.

Victoria Beckham Fails to Protect VB Trade Mark

Victoria Beckham has failed to prevent the registration of two ‘VB’ trade marks, despite the fact that the oppositions were effectively undefended.   The case, which is presently the subject of an appeal, concerned the trade marks depicted below:           The first mark sought registration for a wide range of cosmetics,

Hashtag Burgers Down-N-Out – Trade Mark Infringement, Misleading Conduct and Passing Off

In the case of In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd, in considering whether use of Down-N-Out infringed a registration for In-N-Out, and amounted to misleading conduct and passing off, the Federal Court considered questions of: whether the alleged infringer’s intentions are relevant to assessing whether two trade marks are deceptively similar whether, despite

World Intellectual Property Day 2020 – Innovate for a Green Future

26 April is World Intellectual Property Day, WIPO’s annual celebration of all things IP.  This year, the theme is “innovate for a green future”.  WIPO’s website perhaps sums it up best: “World IP Day 2020 puts innovation – and the IP rights that support it – at the heart of efforts to create a green

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