Not lovin’ it: McDonald’s sues Hungry Jack’s over ‘Big Jack’ trade mark

On 28 August, global fast food giant McDonald’s Asia Pacific LLC (McDonald’s) launched Federal Court proceedings against long-time rival Hungry Jack’s Pty Ltd (Hungry Jack’s), alleging Hungry Jack’s has infringed its famous “Big Mac” trade mark with its lookalike burger, “Big Jack”. Since 1973, McDonald’s has sold its “Big Mac” burgers across Australia and has … Read more

Smart Trade Mark: A New Era in Consumer Confidence?

As online retail becomes more and more prevalent, the costs to Australian businesses due to counterfeit products are increasing. It is therefore vital that consumers can identify genuine retailers from counterfeiters. IP Australia has introduced and is currently testing a new pilot program entitled Smart Trade Mark™ to assist consumers in verifying the genuine use … Read more

The absence of the Aboriginal Flag from the AFL’s Indigenous Round highlights Clothing The Gap’s continuing fight to #FreeTheFlag

Last weekend, the Aboriginal Flag was absent from the AFL’s Indigenous Round for the first time in fourteen years. The Indigenous Round highlighted that the Australian Aboriginal Flag is still marred in copyright and licensing controversies. While many Aboriginal persons, Aboriginal-owned businesses, organisations acknowledging and supporting Aboriginal culture and history, as well as many members … Read more

Three reasons why you should file your trade mark in Australia

1. Australia has a sizeable revenue stream and steady economy. The Australian economy has grown at a healthy pace for nearly three decades.[1] In 2019, Australia was ranked the 4th wealthiest nation in terms of median wealth per adult head.[2] Despite Australia comprising only 0.3% of the world’s population, its economy was expected to be the 14th largest economy … Read more

Pew Pew Pew: U.S. Space Force Losing a Trade Mark Battle with a TV Show

According to The Hollywood Reporter, the newly founded military brand – the U.S. Space Force – is losing a trade mark battle with streaming giant Netflix for its new comedy show of the same name. Netflix has reportedly already secured the trade mark rights to “Space Force” in Europe, Australia, Mexico and elsewhere. Like Australia, the … Read more

A Nutty Trade Mark Dispute: Kraft v Bega

The Full Court of the Federal Court of Australia unanimously dismissed Kraft Foods Group Brands LLC’s (Kraft) appeal of a decision entitling Bega Cheese Limited (Bega) to exclusive use of the distinctive trade dress or ‘get up’, consisting of ‘a jar with yellow lid, yellow label, blue or red peanut device (logo) and having a … Read more