Trademarks, Australia

Case Law Update: The Australian Federal Court’s Approach to Non-English Word Trade Marks

International Lawyers Network on 8/12/2024

In her recent decision in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 (Caporaso v Mercato), the Honourable Justice Charlesworth of the Federal Court of Australia has demonstrated how Australian courts...more

Doing Business in Australia

K&L Gates LLP on 4/19/2024

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Australian Intellectual Property Reforms Ahead

International Lawyers Network on 3/18/2024

2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment...more

2023: The Year of the Burgers

International Lawyers Network on 1/18/2024

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd (Hungry...more

Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

International Lawyers Network on 10/4/2023

Australia’s trade mark legislation provides trade mark owners with the ability to register (in certain circumstances) their well-known brands as ‘defensive trade marks’ in respect of particular goods and/or services, even if...more

First-to-File or First-to-Use? Trademark Protection in Australia

International Lawyers Network on 6/1/2023

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark....more

The importance of identifying the correct applicant in Australian trade mark applications

International Lawyers Network on 11/29/2021

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also...more

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on 9/10/2021

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

Jones Day on 7/28/2021

Australia's Copyright Act allows for various "fair dealing" defenses that set out defined categories of acceptable uses of copyrighted work. These uses include research or study, criticism or review, parody or satire,...more

.AU Domain Names Must Have A Presence In Australia

International Lawyers Network on 5/6/2021

Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia...more

IP Considerations For Businesses Operating Online – An Australian Perspective

International Lawyers Network on 10/9/2020

Recent changes in consumer behaviour due to the COVID-19 pandemic mean that few businesses can afford to ignore the internet, and the opportunities for efficiencies and scale that it offers. Operating a business online...more

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

Downs Rachlin Martin PLLC on 7/17/2020

As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer. Many offices have asked their employees to work from home,...more

Down N’ Out – Down on Their Luck

K&L Gates LLP on 6/3/2020

In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] FCA 193 - Sydney burger chain Down N’ Out is looking to appeal Federal Court Justice Anna Katzmann’s ruling in a case brought by American fast food giant In-N-Out...more

Intellectual Property Extensions Resulting from Coronavirus

International Lawyers Network on 3/27/2020

Currently, the USPTO is not offering extensions to patent and trademark application deadlines. The USPTO is, however, offering fee waivers to those affected by the coronavirus in the following situations....more

Impact of COVID-19 Pandemic on Patent Offices and Federal Courts -- March 17 UPDATE

McDonnell Boehnen Hulbert & Berghoff LLP on 3/18/2020

Last week, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time of...more

Harry and Meghan’s trade mark problem – third party jumps on the bandwagon and applies to register same mark in the EU to cover...

International Lawyers Network on 2/10/2020

The Duke and Duchess of Sussex submitted a trade mark application with the World Intellectual Property Office last year to register “SUSSEX ROYAL” in the UK, EU, Australia, Canada and the US. The application covers a range of...more

Trademarks › Australia

Case Law Update: The Australian Federal Court’s Approach to Non-English Word Trade Marks

Doing Business in Australia

Australian Intellectual Property Reforms Ahead

2023: The Year of the Burgers

Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

First-to-File or First-to-Use? Trademark Protection in Australia

The importance of identifying the correct applicant in Australian trade mark applications

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

.AU Domain Names Must Have A Presence In Australia

IP Considerations For Businesses Operating Online – An Australian Perspective

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

Down N’ Out – Down on Their Luck

Intellectual Property Extensions Resulting from Coronavirus

Impact of COVID-19 Pandemic on Patent Offices and Federal Courts -- March 17 UPDATE

Harry and Meghan’s trade mark problem – third party jumps on the bandwagon and applies to register same mark in the EU to cover...

Style is Everything, But Style Names Aren’t “Trade Marks”

SENSIS v SENSES – Federal Court Makes Findings of Deceptive Similarity

Bega Claims the Peanut Butter Throne in $60 Million War With Kraft Heinz

Double Trouble

Case update: trade mark licensing and register formalities in the spotlight

Fashion Law Newsletter - December 2018

WTO Declines to Find Australia’s Tobacco Product Packaging Restrictions Inconsistent with Trade Rules

Fashion Law Newsletter - March 2018

Change is Coming to Australian Parallel Importation law – What do you Need to Know?

Trademarks › Australia

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