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Trade mark reputation not relevant in deceptive similarity cases, High Court rules

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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Vagisil maker wins appeal to halt European rival’s trade mark

The maker of Vagisil feminine hygiene products has successfully overturned a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Vagisil maker files appeal to halt European rival’s trade mark

The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Judge tosses Vagisil maker’s challenge to European rival’s trade mark

The international company behind the Vagisil feminine hygiene brand has lost its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Bendigo and Adelaide Bank appeals loss of 20-year-old trade mark

Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for ‘Community Bank’.

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Encompass patents don’t pass muster with IP Australia, despite amendment

IP Australia has found two Encompass innovation patents that were at the centre of a highly anticipated Full Federal Court ruling on the patentability of computer software do not describe a manner of manufacture, despite an amendment from the financial software company.

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Bean there, done that: Lavazza says it used ‘oro’ trade mark before Vittoria

Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.

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University of Sydney wins IP rights case against ObjectiVision

The University of Sydney has emerged triumphant in its long running battle over the intellectual property rights of a glaucoma testing device, with the Federal Court ruling against opthalmic diagnostic tool manufacturer ObjectiVision.

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Bendigo and Adelaide Bank loses 20-year-old trade mark for ‘Community Bank’

A judge has overturned a win for Bendigo and Adelaide Bank in a trade mark battle with NSW-based Community First Credit Union, finding the credit union had successfully argued to revoke the bank’s 20-year-old trade mark for ‘Community Bank’.

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