You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer
In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that Taylor’s trade mark be cancelled.
Read MoreSkyKick v Sky: A Debrief of the Latest Developments
The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for trade mark infringement matters.
Read MoreNo Point Crying Over Spilled “Not Milk” – Distinctiveness Issues For Trade Marks In The Plant-Based Food Industry
The plant-based food industry is growing at a rapid pace, with popularity amongst consumers increasing because of its purported health and environmental benefits. However, a recent General Court decision in the EU highlights the difficulties brands face in obtaining trade mark protection for plant-based food if brands are not sufficiently distinctive (despite a tendency in the industry to develop brands which are a play on words of traditional food products).
Read MoreArtistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy
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 MoreArtificial Sweeter Decision Sours Halal Authority: Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175
The 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:
