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Businesses often choose a trade mark that exactly describes their business or product eg Smith & Co Plumbing, being the plumbing business run by Mr Smith. There is nothing wrong with this. The name is easy to remember and easily searchable. If the business is likely to remain a small, family owned business that will never take legal action against…
This question was answered “no” in the case of Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA 1807but the answer may be different in other circumstances. The facts Lumen supplied Frontline with electronic automotive components for inclusion in towbar kits that were supplied by Frontline to Mitsubishi and Mazda. Frontline, for profit reasons, decided to replace these…
The Full Court of the Federal Court has overturned a finding that a trade mark owner did not control the use by its parent company of its marks: Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100 (20 June 2019). This decision is significant because it provides a more flexible, less legalistic, approach to what amounts to control…
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