Blake Dawson Waldron - Schmackos and Whackos trade mark dispute

Schmackos and Whackos trade mark dispute - Jeremy Shirm, Lawyer reports on Effem Foods Pty Ltd v Wandella Pet Foods Pty Limited [2006] FCA 767:

    • “The Federal Court of Australia found that Wandella’s trade mark application WHACKOS was deceptively similar to Effem’s registered trade mark DOGS GO WACKO FOR SCHMACKOS within the meaning of section 44 of the Trade Marks Act 1995, and was for the same or similar goods. Accordingly, the Court that Wandella’s mark should not be registered.”
    • “In contrast, the Federal Court found that Wandella’s WHACKOS mark was not deceptively similar to Effem’s SCHMACKOS registered mark.”
    • “In considering whether the words GO WACKO in DOGS GO WACKO FOR SCHMACKOS were being used as a mark, the Court also set out a useful summary of the considerations relevant to assessing whether words forming part of a composite expression are to be considered a mark at common law.”

Link to Blake Dawson Waldron article


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