Ferroglobe has claimed a Queensland technology company used its confidential information in new patent applications, as the global specialty metals producer races to protect its IP before the applications are published.
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.
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.
Botox drug maker Allergan has secured an injunction against a Sydney-based cosmetics company which sought to “leverage” the reputation of the well-known injectable to sell its Freezeframe line of anti-aging topical creams.
Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.
A plastic surgeon who was subjected to an “online tirade of criticism, negative reviews and abuse” by a former patient has won $450,000 in defamation damages.
Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.
Two Italian cheese consortiums have failed in separate bids to trade mark their respective cheeses, Gorgonzola and Asiago, with delegates ruling the trade marks were not capable of distinguishing each consortium’s products from other cheeses.
A subsidiary of Coca Cola has won its bid for removal of Sunraysia Natural Beverages’ Honest Kids trade mark for non-use, with IP Australia finding only “minimal and isolated” uses of the disputed mark.