The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape’s artistic value usually confers substantial value which prohibits trade mark registration under Italian law.
Read MoreIn Australia, domain names under the .au namespace are subject to stringent eligibility and allocation rules. Importantly, non-Australian commercial entities are only eligible for registration for an Australian domain if they have applied for or hold an Australian trade mark registration with an exact match to the relevant domain name.
Read MoreThe National Basketball Association (NBA) has lost the appeal of its invalidation action against a United Kingdom (UK) trade mark filed by Pizza Texas Bulls Inc (Pizza Bulls) in classes 30, 39, and 43 in NBA Properties Inc. v. Pizza Texas Bulls Inc [2023] EWHC 3040 (Ch). Interestingly, the NBA was successful in the European Union (EU) in relation to identical marks under Opposition No B3146352, and prevented the Pizza Bulls mark being registered in the EU.
Read MoreIn KFC THC V Ltd v. Grill’d IP Pty Ltd [2023] ATMO 192, KFC THC V Ltd (KFC) brought an opposition against the registration of the trade mark “HFC” filed by Grill’d IP Pty Ltd (Grill’d). KFC is a global chain of fast food restaurants otherwise known as Kentucky Fried Chicken. Grill’d is an Australian chain of burger restaurants which markets its food as a healthier, fresher alternative to the major fast food chains. The trade mark “HFC,” standing for “Healthy Fried Chicken,” is used by Grill’d for the fried chicken options on its menu.
Read MoreBusiness blooms for one trade mark owner as “FLOWERS FOR ALL” has been deemed distinctive enough to be registered as a trade mark in Australia.
Read MoreIn McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412, fast-food giant McDonald’s and Australian dinner-time rival Hungry Jack’s faced off in the Federal Court of Australia over their burger names BIG MAC vs BIG JACK and MEGA MAC vs MEGA JACK.
Read MoreIn a recent decision, the EUIPO Board of Appeal provided further guidance on what constitutes genuine use of a trade mark in relation to sales of replacement parts in the EU. The Board of Appeal held that genuine use cannot be established if the proprietor of the mark is not actively involved in the sale of the second-hand goods or their spare parts. The decision follows the 2020 CJEU decision in the Ferrari Spa v Du case, where the CJEU held that use of a trade mark amounts to genuine use if the trade mark holder sells second-hand goods directly.
Read MoreThe Halal Certification Authority Pty Ltd (HCA) is a for-profit company that provides certification services to third parties. It is the owner of the following trade mark registered for issuing halal certification to businesses and individuals for goods and services if religious and technical requirements are met:
One of the effects of Brexit was that the UK introduced a requirement for a UK based representative for all UK national trade marks, patents and designs and international registrations designating the UK in January 2021. However, there was a grace period for comparable trade marks or re-registered designs deriving from an EU national trade mark or international registration designating the EU.
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