Commercial reality: the other mark is famous! No one is going to think I am them…

It used to be the case (Registrar of Trade Marks v Woolworths Ltd, CA Henschke & Co v Rosemount Estates Pty Ltd and Australian Meat Group Pty Ltd v JBS Australia Pty Ltd) that notoriety of a mark or component of a …

Are thousands of removal actions actually invalid?

It has been an absolute pleasure this week to deep dive into the intersection between ss 92 (4) (b) and 93 (2) of the Trade Marks Act this week, with some of the best and brightest at IP Australia’s trade …