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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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About this entry
- Published:
- 12 Mar 2008 / 09:43 PM
- Category:
- Trade Marks
Baker & McKenzie - First use gives rights in the bag
Baker & McKenzie reports that, despite Colorado Group Ltd (”CGL”) registering the word “COLORADO” covering bags, wallets, purses and backpacks, it was found in a recent case that the first use by Strandbags Group Pty Ltd (”Strandbags”) of the mark “Colorado” on handbags made Strandbags the owner of the mark “COLORADO” for handbags.
According to Baker & McKenzie, this was despite the earlier use by CGL of the COLORADO mark on backpacks, as backpacks were considered not to be goods of the same kind as handbags.
In determining who had made the first use of the mark and when, Baker & McKenzie notes that the use of a composite mark comprising the word “Colorado” and a mountain device was not considered to be use of the word mark COLORADO on its own. To compound CGL’s woes, Baker & McKenzie note that its COLORADO registration was cancelled for its goods as the word “Colorado” was found not to be inherently adapted to distinguish goods like backpacks in view of its geographical significance as the name of a state of the U.S.A. which has well-known mountains and is a rugged holiday area.
Baker & McKenzie - First use gives rights in the bag
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About this entry
- Published:
- 14 Jan 2008 / 11:28 PM
- Category:
- Trade Marks