Tag:trademark distinctiveness

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Are You Eligible to Hold a .au Domain Name?
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A Thorny Issue Resolved as “Flowers For All” Trade Mark Deemed Distinctive
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Burger Wars: The Big Beef Between McDonald’s and Hungry Jack’s–McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412
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Artificial Sweeter Decision Sours Halal Authority: Halal Certification Authority Pty Limited v Flujo Sanguineo Holdings Pty Limited [2023] FCAFC 175

Are You Eligible to Hold a .au Domain Name?

In 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.

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A Thorny Issue Resolved as “Flowers For All” Trade Mark Deemed Distinctive

Business blooms for one trade mark owner as “FLOWERS FOR ALL” has been deemed distinctive enough to be registered as a trade mark in Australia.

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Burger Wars: The Big Beef Between McDonald’s and Hungry Jack’s–McD Asia Pacific LLC v. Hungry Jack’s Pty Ltd [2023] FCA 1412

In 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.

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Artificial 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:

(HCA Badge).
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