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,…
Sports Trade Marks: Protecting the Business of Sport
Sports, today, are as much about competition and athletic achievement as it is about business, branding, and global recognition. From the swoosh of Nike to the three stripes of…
Transformation of International Trade Mark Registrations
International trade mark protection through the Madrid Protocol can simplify global brand expansion. But what happens when your home registration, i.e. the foundation of that…
Music Trade Marks: When Sound Becomes a Brand
For most musicians, legal protection starts and ends with copyright. After all, copyright is what stops someone from stealing your melody or lyrics. But what about your band’s…
Defensive Trade Marks: When Protection Needs to Go Beyond Use
For most businesses, registering a trade mark is about claiming ownership over the brand elements they use every day, i.e. logos, names, slogans, and so on. But what happens when…
Sounds, Scents & Signs: Understanding Non-Traditional Marks
When most people think of trade marks, they picture a logo, a business name, or a slogan. But trade marks are not confined to just words or symbols anymore. Under Australian law,…
