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Afterpay can’t block iSignthis from trade marking ‘Clearpay’ for ASX rival
Intellectual Property 2024-03-04 10:13 pm By Cat Fredenburgh

Afterpay has failed to block fintech iSignthis from registering ‘Clearpay’ as a trade mark for its blockchain-based trading system, with an IP Australia delegate finding Afterpay had failed to prove it used ‘Clearpay’ for its buy now, pay later services outside of the UK.

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Cantarella tries to revive ‘Oro’ mark for Vittoria coffee
Intellectual Property 2023-12-21 1:48 pm By Cat Fredenburgh

Vittoria’s Cantarella Bros has lodged an appeal in a long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

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
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

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
Intellectual Property 2021-02-11 3:40 pm By Spencer Fowler Steen

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
Appeals 2020-03-04 9:24 pm By Cat Fredenburgh

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
Intellectual Property 2020-02-04 11:43 am By Miklos Bolza

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
Intellectual Property 2019-11-29 11:09 pm By Christine Caulfield

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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