In a recent decision of the High Court of Australia, it has been clarified that trade mark infringement is to consider whether a notional buyer of product ‘would entertain reasonable doubt’ when considering if two products with similar branding originated from the same source.¹ More importantly, the decision considered the importance of reputation and concluded that it should not be taken into consideration when assessing deceptive similarly per section 120(1) of the Trade Marks Act 1995 (Cth).²

This decision concerns an opposition in accordance with section 52 of the Trade Marks Act 1995 (Cth),¹ brought by Ice Cream Group Australia Pty Ltd (Ice Cream Group) opposing the registration of the words ‘Dixie Cup’, and the logo. Ice Cream Group had filed the opposition and requested an oral hearing to supplement their evidence in support of the opposition.

The Federal Court decision in Brick Lane Brewing Co Pty Ltd v Torquay Beverage Co Pty Ltd [2023] FCA 66¹ reviewed issues pertaining to deceptive similarity in product packaging and trade dress, and whether there was sufficient consumer recognition of Brick Lane Brewing Co Pty Ltd (Brick Lane) products sufficient for confusion or deception with the “Better Beer” product of Torquay Beverage Co Pty Ltd (Torquay).

The Federal Court of Australia granted an interlocutory injunction against Singtel Optus Pty Ltd (Optus) regarding the alleged infringement of the Trade Mark rights belonging to Boost Tel Pty Ltd (Boost). Th decision relied on the Trade Mark rights to grant the interlocutory injunction, which restrains Optus from advertising, promoting, and supplying their services using words associated with Boost.

The Full Federal Court dismissed an appeal which was the first Intellectual Property judicial decision for 2023. In Airco Fasteners Pty Ltd v Illinois Tool Works Inc¹, the Applicant (Airco Fasteners) applied for leave to appeal the decision of the trial judge which found that the Applicant had infringed the Respondent’s (Illinois Tools Works) patent pertaining to combustion tool fuel cells. The matter raised the issue of patent specification construction, and that expert evidence cannot interfere with a court’s construction of terms in a patent specification.

Nufarm Australia Ltd v Advanta Seeds Pty Ltd [2023] FCA 109¹ appealed a decision of the Administrative Appeals Tribunal, pertaining to the granting of a time extension under section 223 of the Patents Act 1990 (Cth).² The case concerned the ceasing of a standard patent as a result of failure to pay the renewal fee arising from errors or omissions from on the part of the Applicant (Advanta Seed Pty Ltd).