Misleading Conduct and Passing off under Trade Mark law
What happens when two businesses with nearly identical names, operating in different countries, clash over brand identity and online reputation? The Federal Court’s decision in…
When Is Revocation Reasonable? Lessons from recent judgment
The Registrar has the discretionary power to revoke a registration within twelve months of its entry on the Register. The Federal Court’s decision in National Cancer Foundation…
Self Care v Allergan: Insights on Trade Mark Use and Reputation
The High Court’s decision in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 is a tightly reasoned clarification of three related areas that matter to…
Somers Enterprises v Basefun — Trade mark survives removal
The Federal Court’s judgment in Somers Enterprises Australia Pty Ltd v Basefun Pty Ltd [2025] FCA 218 is an important decision for owners of legacy brands, i.e. especially for…
Badges of Origin and Honest Use: Lessons from Fanatics v FanFirm
The Full Court’s judgment in Fanatics, LLC v FanFirm Pty Limited [2025] FCAFC 87 is a compact lesson in three things every trade mark practitioner and brand owner should keep…
Trademark Use & Similarity Revisited: Energy Beverages v Cantarella (2023)
The Full Federal Court’s decision in Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44 provides a striking reminder of two recurring themes in Australian trade mark…
Registration of Series Trade Marks in Australia
Trade mark law is designed to strike a balance between protecting brand identity and ensuring that the register remains clear and workable. One of the unique features of…
Trade marks in Digital era: Navigating the evolving domain
The digital age has transformed not only how people interact and transact but also how businesses operate and how brands are perceived. With the rapid rise of virtual goods,…
