Topic: Consumer goods

NUMB: BOTOX reputation insufficient to stop PROTOX

Earlier this month, the High Court of Australia ultimately rejected trade mark infringement and misleading/deceptive conduct claims by Allergan (owner of the injectable BOTOX®) against Self Care’s anti-wrinkle skincare products PROTOX and INHIBOX (marketed under the slogan ‘instant Botox® alternative’). The case has been running for 6 years. Allergan relied on the overwhelming reputation of … Continue reading

(Un)conscious Marketing: Is green really the new black?

By Georgina Hey (AU) and Isobel Taylor (AU) on February 28, 2023 Posted in Advertising, Consumer goods, Ethics, Intellectual Property, Litigation

As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s (ACCC) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental claims and sustainability. In a recent speech at the Sydney Morning Herald Sustainability Summit, ACCC Deputy Chair … Continue reading

Branding alert for Royal Warrant holders

By Abida Chaudri and *Jamie Brazier (UK) on October 13, 2022 Posted in Consumer goods, General, technology and innovation

Kat friends Jamie Brazier and Abida Chaudri provide an enlightening discussion of the right to use the Royal Arms following the death of Queen Elizabeth II. It was with great sadness that the world learned, on 8 September 2022, of the death of Queen Elizabeth II the longest reigning monarch in British history. Immediately on her death, Charles III … Continue reading

Are we (virtually) there yet? Waiting for the rise of the metaverse from a brand owner’s perspective

By Georgina Hey (AU) and Isobel Taylor (AU) on September 29, 2022 Posted in Brands, Consumer goods, Intellectual Property, Patents, technology and innovation, Trademark

We are now almost one year on from Mark Zuckerberg’s much talked-about October 2021 letter announcing, among other things, the change of the name of his company from Facebook to Meta, reflecting the company’s commitment to revolutionising social connection through virtual reality. Zuckerberg’s expansive vision of a metaverse currently remains more of a fantasy than … Continue reading

Vans secures temporary restraining order barring promotion and sale of Wavy Baby Shoes

By Kirsten Hash (US) and Felicia Boyd (US) on September 13, 2022 Posted in Brands, Consumer goods, Trademark

In Vans, Inc. v. MSCHF Product Studio, Inc., No. 22CV2156WFKRML, 2022 WL 1446681 (E.D.N.Y. Apr. 29, 2022), shoe company Vans, Inc. (“Vans”) prevailed in obtaining a temporary restraining order and preliminary injunction against art collective MSCHF Product Studio, Inc. (“MSCHF”), restraining promotion and sale of its WAVY BABY shoes. Vans asserted that the WAVY BABY … Continue reading

PepsiCo wins appeal over MTN DEW RISE ENERGY trademark dispute

By Kaylee A. Sill (US) and Felicia Boyd (US) on August 10, 2022 Posted in Brands, Consumer goods, Trademark

PepsiCo. Inc. recently convinced the U.S. Court of Appeals for the Second Circuit to throw out a preliminary injunction granted by a New York federal judge last fall that prevented PepsiCo from using MTN DEW RISE ENERGY on its canned energy drinks.[1] In March 2021, PepsiCo launched MTN DEW RISE ENERGY featuring cans with a … Continue reading

TTAB rules reckless disregard for the truth constitutes fraud

By Kaylee A. Sill (US) on February 22, 2022 Posted in Brands, Consumer goods, Intellectual Property, technology and innovation

In Chutter, Inc. v. Great Management Group, LLC, a precedential decision, the Trademark Trial and Appeal Board (TTAB) held that recklessly false representations made during the course of the trademark application process satisfy the level of intent required to support a finding of fraud before the United States Patent and Trademark Office (USPTO).[1] The TTAB’s … Continue reading

Planning to import chemicals in to Australia from overseas?

By Georgina Hey (AU) and Anthony Brzoska on October 19, 2021 Posted in Consumer goods, Intellectual Property

Australian businesses are increasingly turning to overseas manufacturers to fulfil domestic demand for chemicals and chemical-based consumer products. Year on year, figures show that Australian companies are importing increasing volumes of these products, with some of the strongest performers coming from the domestic fuel, pharmaceutical, and cosmetic sectors of the chemicals-based consumer market. The advantages … Continue reading

Zooming in on generic trademarks

By Caroline Henrie (CA) on June 22, 2021 Posted in Consumer goods, Trademark

Over the course of the last year Zoom became one of the most frequently used words. Due to its popularity, Zoom has been used as an adjective (“I’m hosting a Zoom trivia night”), a verb (“I’m Zooming”) and a noun (“I have a 9 am Zoom”). In the more recent months of the pandemic, expressions … Continue reading