Confusion: More than just the sum of its parts

By Bianca Pietracupa (CA) on August 6, 2019 Posted in Trademark

In claims for trademark infringement and passing off, plaintiff success is determined by the ability to establish confusion. Section 6 of the Trade-marks Act (the Act) provides a non-exhaustive list of elements to be considered by the court, namely inherent distinctiveness, length of time, nature of the goods, services or business, nature of the trade … Continue reading

Consultation time: New Zealand, Europe and geographical indications

By Rebecca Brenikov (AU) and Amanda Caldwell (AU) on January 31, 2019 Posted in Trademark

The EU wants New Zealand to recognize and protect a list of names for wine, spirits and other products currently protected in the EU as geographical indications.… Continue reading

‘Apples, Beatles and four decades of litigation’ – Cautionary tales for start-ups settling on a new brand name

By Georgina Hey (AU) and Isobel Taylor (AU) on October 31, 2017 Posted in Trademark

Apple: the world’s most successful company, with an estimated worth of three-quarters of a trillion dollars. It’s no wonder that would-be tech entrepreneurs around the world are sitting around in black turtlenecks, jeans and New Balance sneakers, poring over Steve Jobs’ biography and trying to work out how they might emulate his success in their … Continue reading