We say it over and over again: cases are won (and lost) on evidence. Unfortunately for global watch giant Omega, even well known brands need to bring evidence to prove reputation.
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The Markwell Blog
News, updates and cases on trade marks, domain names and IP law
Is colour part of your brand? A recent decision of the Australian Trade Marks Office has highlighted some of the considerations (and difficulties) that apply to registering a colour or colour combinations as a trade mark.
It’s FIFA World Cup time, which means early mornings for Australian football (soccer) fans, nail-biting draws (or Italian-biting Uruguayans) and, of course, highly lucrative sponsorship deals.
In Halal Certification Authority Pty Limited v Scadilone Pty Limited  FCA 614, the Federal Court of Australia for the first time awarded ‘additional damages’ for trade mark infringement.
A recent Federal Court decision, Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd  FCAFC 75, has shown the inherent weakness of trade marks which comprise generally descriptive terms.
This is the second article in our series that looks at important changes to Chinese trademark laws taking effect in May 2014. The first article can be found here: Important changes to Chinese trademark laws.
- Omega fails reputation test in trade mark dispute
- Trade marking colours – lessons for brand owners
- New law to protect major event sponsors
- Additional damages adds up to a lot of kebab
- Descriptive trade marks and Google Adwords
- Changes to trademark oppositions in China
- Important changes to Chinese trade mark laws
- A mite too late: Dick Smith loses OzEmite
- Trade Marks Office decision too bad for IBAD
- Pacific Brands’ four stripes infringes Adidas’ three stripes
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Markwell is a boutique intellectual property firm that provides no-nonsense, fixed price, expert advice in trade marks, domain names and intellectual property law.
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