The recent Australian Federal Court decision of McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 confirms on one aspect that, for the purposes of registered trade mark infringement in Australia,1 the reputation of each trade mark is not to be considered when determining whether the trade marks are deceptively similar.2 The […]
Trade Marks Update
Whilst there were many aspects to this litigation, in the recent Federal Court of Australia decision of Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd[1], it was held that Lavazza Australia Pty Ltd (Lavazza) was successful in establishing that Cantarella Bros Pty Ltd (Cantarella) was not the owner in Australia of “ORO” registered trade […]