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Vittoria Cantarella has taken the fight to revive its ‘Oro’ trade marks to the High Court, arguing the Full Court should have found it was an honest concurrent user of the marks, which were first used by another coffee maker.
A judge has refused a bid by independent NSW MP Alex Greenwich for an injunction restraining former One Nation politician Mark Latham from repeating homophobic comments that were found to be defamatory.
The Full Court has poured cold water on Vittoria Cantarella's hopes of reviving its ‘Oro’ trade marks, finding a judge did not err in concluding the marks were already used by another coffee maker.
Online retailer The Iconic has taken Chinese fast fashion giant Shein to court for allegedly infringing the trade mark for its 'Dazie' brand with the company's ‘Dazy’ clothing line.
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.
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.
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.
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.
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.