Despite the myriad of measures taken brand owners to defeat infringers, infringers are still willing to take the risk. Lawyers from around the region have shared some recent failed attempts with us.
In Australia, Bauer Consumer Media v. Evergreen Television, is particularly notable in this era of increased international trade, says Christina Cavallaro, special counsel at Eakin McCaffery Cox in Sydney.
“This case was a dispute between two television programme production companies in relation to the application to register the trademark Discover Downunder. Evergreen had applied for registration of the trademark in the class for production of television programmes. Upon appeal, the Full Federal Court refused registration of the trademark by Evergreen as it hadn’t shown its intention to use the mark for the purpose of producing television programmes, but rather only as the name or title of a television programme.”
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