A recent trade mark dispute concerning an application to register a wine bottle shape and label as a trade mark has highlighted some of the difficulties in protecting non-traditional trade marks.
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The Markwell Blog
News, updates and cases on trade marks, domain names and IP law
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.
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.
- Without Oyster Bay, it’s just a bottle
- 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
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Markwell is a boutique intellectual property firm that provides no-nonsense, business-relevant, expert advice in trade marks, domain names and intellectual property law. Representing brand owners in Australia, Asia and Worldwide.
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