In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.
Intellectual property law firm Spicer Spicer has lost its opposition to Coca-Cola’s patent application for soft drinks and syrups containing an artificial sweetener known as Reb X, with an IP Australia delegate rejecting the firm’s argument the patent was not inventive.
New-Zealand dairy company a2 Milk is challenging a win for Nestle over the Swiss food and drink giant’s NAN A2 trade mark for infant formula, a mark IP Australia found was not deceptively similar to a2’s logo.
A controversial announcement by Victorian-based fruit and vegetable processor SPC that it will mandate COVID-19 vaccines for all of its 450 onsite workers could face legal challenges on several grounds.
A New Zealand-based association representing manuka honey beekeepers has lost its opposition to an application for the ‘Australian Manuka’ trade mark by a Byron Bay honey producer, with IP Australia finding the word ‘manuka’ did not specifically refer to honey made in NZ.
Food and beverage manufacturer Freedom Foods will call its CEO and ex-group chairman to the stand in a case filed by the firm’s former group general counsel, who has dropped her lawyer and is now self-represented.
Popular American restaurant chain In-N-Out Burger is seeking to fast-track a trade mark lawsuit against an Australian food business which operates four “ghost kitchens”, citing negative reviews from allegedly misled customers.
New-Zealand dairy company a2 Milk has lost its opposition to registration by food and beverage giant Nestle of its NAN A2 trade mark for infant formula, with a delegate of the Trade Marks Office finding the mark was not substantially identical to a2’s logo.
A landmark ruling on a bid for a contingency fee in a class action is close, a judge said Tuesday as she heard argument in a class action against Treasury Wine Estates on whether an opt out notice should be sent to shareholders ahead of a group costs order.
The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.