Blake Dawson - It was never in the bag: the Colorado Appeal

Melinda Upton, Helen Gill and Lisa Ritson of Blake Dawson report on the decision of Colorado Group Limited v Strandbags Group Limited [2007] FCAFC 184, in which the Full Court of the Federal Court of Australia ordered the cancellation of the COLORADO trade mark registration in respect of backpacks. According to Melinda Upton, Helen Gill and Lisa Ritson, the Full Court of the Federal Court of Australia upheld the primary judge’s view that backpacks are not goods of the same kind as handbags, wallets and purses and ordered the cancellation of the COLORADO trade mark registration in respect of backpacks.

Melinda Upton, Helen Gill and Lisa Ritson note that trade mark owners should keep in mind that “goods of the same description” may be interpreted narrowly for the purposes of deciding ownership. Melinda Upton, Helen Gill and Lisa Ritson also note that trade mark owners should be aware that their trade mark registration may be open to attack on the basis that the mark did not, as at the date of registration, distinguish their goods and services from those of others if, prior to their registration, another trader has also used the mark for the same type of goods or services.

Blake Dawson - It was never in the bag: the Colorado Appeal


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