Facts On 17 April 1998, the Registrar of Trade Marks refused to accept a trade mark application by Woolworths Limited for the registration of a trade mark in respect of retailing and wholesaling services. The trade mark comprised the words […]
Category: Intellectual Property
Thaler v Commissioner of Patents [2021] FCA 879
Facts Dr Stephen Thaler was the inventor of the Device for Autonomous Bootstrapping of Unified Sentience (DABUS). Dr Thaler built DABUS to invent new novel ideas. DABUS invented an improved storage container, among other things. The Commissioner of Patents (Commissioner) […]
Freshfood Holdings Pte Limited v Pablo Enterprise Pte Limited [2021] FCA 323
Facts Freshfood appealed a decision of a delegate of the Registrar of Trade Marks (“the Decision”) to remove its trademark. Notice of the decision was served on address nominated by Pablo in its original application: Pizzeys Patent and Trade Mark Attorneys […]
In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] FCA 193
Facts The American burger chain, In-N-Out Burgers, Inc (“INO“) operates over 300 restaurants in the United States of America. INO also advertised its brand through “pop-up events” throughout the world, including in Australia. INO owns a range of Australian registered trade […]
Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd [2019] FCA 902
Facts Mr Francesco Mitolo (“Francesco“), had produced and sold wine from McLaren Vale, SA, since 1999. This was under the registered trade mark “MITOLO” (“Mitolo Mark“) through his businesses Mitolo Wines Australia Pty Ltd and Mitolo Wines Pty Ltd (“Mitolo […]
Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41
Facts Seiko Epson Corporation (“Seiko“) manufactured and sold printer ink cartridges under the brand name “Epson“. After the original Epson cartridges have been used, a third-party (“Ninestar“) obtained them from a variety of sources and modified them so that they […]
