Trade Marks

Case review: Hells Angels Motorcycle Corporation (Australia) Pty Ltd v Redbubble Limited [2019] FCA 355 Trade marks and copyright infringement claimed -trade mark infringement found by operator of online marketplace where designers uploiad their images and Redbubble arranges manufacture of good bearing the images.   

Submission to the Advisory Council on Intellectual Property on the enforcement of shape marks (February 2002)

Decision of Justice Greenwood in Hells Angels (Aust) Pty Ltd v Redbubble Ltd [2019] FCA 355 in relation to trade mark infringements by the operator of an online marketplace offering products bearing images uploaded by individual artists (March 2019)  

Presentation on parallel importation defence – Exhaustion of a registered trade mark in relation to goods (February 2019)

Submission to IP Australia on the review of penalties  for criminal offences under the Trade Marks Act 1995 (Cth) and extending the power of the Federal Court (and a prescribed Court) to grant additional damages for trade mark infringement (July 2009)

Article recommending removal of the requirement in s.120 of the Trade Marks Act 1995 (Cth) that the alleged infringer use the mark “as a trade mark” (June 2014)

Article in the publication “Fitness Australia” on protecting IP in the fitness industry (July 2011)

Case review: Louis Vuitton Malletier SA v Toea Pty Ltd [2006] FCA 1443 on joint tort-feasorship between a market operator and certain stall holders (November 2006)

Article in Qld Bar Association publication “Hearsay” regarding shape marks including the then current Coca Cola v Pepsi litigation (November 2010)

Article on the proposed introduction of the National Business Names Register – the need to cross reference business name, company name and domain name applications with the trade mark register (September 2011)

Case review on Facton Ltd (formerly known as G-Star Raw Denim KFT) v Seo [2011] FCA 344 (Gordon J, involving consideration of the Civil Dispute Resolution Act 2011 (Cth) in circumstances where offers of compromise made (April 2011)

Article – “Use of Trade Marks in Advertising Key Words”  – a comment on the use of word marks or the word element in a composite mark as a “key word” for search engine optimisation (June 2013)

Comment (short) on Intellectual Property infringement – some preliminary considerations before instituting a proceeding (August 2014)

Case review: Conquip Holdings Pty Ltd v S & A Restaurant Corp [2000] FCA 256 involving applications for removal of trade marks for “Bennigans”, a restaurant in Chapel Street, South Yarra in Melbourne, Australia (April 2000)

Case review: Ocean Spray Cranberries Inc v The Registrar of Trade Marks [2000] FCA 177 being a decision in relation to an appeal to the Federal Court from a decision of the registrar that “Cranberry Classic” did not satisfy the requirements of s.41 of the Trade Marks Act 1995 (Cth) (March 2000)

Case review: T.G.I Friday’s Australia Pty Ltd v TGI Friday’s Inc [2000] FCA 720 – issues challenging infringement and cross-claims regarding the validity of the trade mark “T.G.I. Friday’s” (June 2000)

Comment on matters of current interest in 2008 in Intellectual Property areas including trade marks (January 2009)

Liability limited by a scheme approved under Professional Standards Legislation