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No spillover reputation in energy drinks case - Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406
Marina Lloyd Jones, Senior Associate of Allens Arthur Robinson reports on Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406, in which the Federal Court was required to consider whether an energy drink that has enjoyed significant global success, but never been sold or directly marketed in Australia, had developed sufficient ’spillover’ reputation, such that it would be misleading or deceptive if a local distributor released its own energy drink in Australia under the e me name.
According to Marina Lloyd Jones, overseas brand owners who intend to trade in Australia should register trade marks in advance in Australia to ensure protection for the brand. A business seeking to prove sufficient reputation in a market in which it does not yet trade must have strong direct evidence that its product is known to a substantial number of people in that market.
No spillover reputation in energy drinks case
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- Published:
- 10 May 2008 / 04:29 AM
- Category:
- Trade Practices
Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406
Middleton J has delivered the judgment of Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406 concerning a claim of passing off or contravention of the Trade Practices Act 1974 (Cth). Middleton J stated that the principal issue was whether Hansen Beverage Company had a sufficient reputation in Australia in the mark MONSTER ENERGY in relation to energy drinks such that the adoption of that mark, or its contraction MONSTER by Bickfords (Australia) Pty Ltd conveys a misrepresentation.
Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406
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- 31 Mar 2008 / 08:34 PM
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- Trade Practices
IP Lawyer Tokyo
A renowned international law firm requires an IP specialist to join their office in Tokyo. The work is varied and comes from a range of different industries including IT/technology, media, energy and banking & finance. Applicants must have at least three years pqe and have the experience of working in the IP department of a reputable firm. Experience of patents, trade marks, design, copyright, trade secrets and unfair competition would all be relevant to this role. A mixture of contentious and non-contentious experience would be ideal for this position although specialists in either discipline would be considered. It is essential that applicants have the ability to speak Japanese at business level, and be able to hold meetings with clients in Japanese. This is an opportunity to join a small team as it expands and be one of the key players in the department. Ref: 72127 For more information please contact Kellie-Jane Baker on 9220 4400.
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- 25 Mar 2008 / 03:23 AM
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- Job Search
IP Senior Solicitor/Senior Associate London - Premier UK Firm
* Prestigious UK-based firm with an international reach
* Supportive, friendly environment promoting a work/life balance
* Broad spectrum of clients and ongoing Partnership prospects.
As one of the most impressive performers within the international legal sphere, this UK-based full service law firm is rapidly becoming renowned as a force to be reckoned with. Sporting an extensive network of offices throughout the globe and numerous awards and accolades, the firm is currently looking for an IP Litigation Senior Associate/Senior Solicitor who is aspiring to Partnership within the next three to five years.
The successful candidate will enjoy working on a full range of IP matters including patents, copyright, trademarks, design, licensing, IP rights and software and publishing agreements. Strong client contact skills are essential as the successful candidate will act for a broad spectrum of clients in a variety of sectors including banking, finance, real estate, energy and resources, pharmaceuticals and transport. The role also provides scope for business development, leadership and ongoing responsibility.
Do you have a minimum of four years post qualification experience, a strong contentious IP background and a genuine desire to progress your career all the way to Partnership? Are you looking to earn an impressive (pounds sterling) salary while enjoying additional rewards, bonuses, corporate perks and that ever elusive work/life balance? This firm is renowned for its friendly and supportive working environment and its outstanding training and professional development programs - what better way to conquer the London legal market?
To confidentially apply for this role or to find out more information, please contact Reed Robinson on +61 2 9233 7977 or nc@naimanclarke.com.au, quoting reference number RR15050A/SK
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- 20 Feb 2008 / 03:43 AM
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IP Lawyer Brisbane - 1-4 PQE Top Tier
* Exciting and challenging work
* Great group - supportive and cohesive
* Rare top tier opportunity - one of the best groups in town
Join this great top tier IP/IT group for stimulating and challenging work and an excellent range of clients.
Our top tier group is experiencing one of the busiest periods in a long time and with no end in sight to the work flow. They are looking to appoint lawyers with 1-4yrs PAE to their highly prestigous Intellectual Property and Technology team.
Stimulating work
The team falls under the Corporate group advising on a wide array of issues ranging from regulatory (especially for the telco and energy industries), competition and trade practices, intellectual property, technology, telecommunications and privacy through to mergers and acquisitions.
Excellent clients
The firm’s clients include a broad range of industries including communications, electricity, energy and resources, technology, pharmaceutical, biotechnology and the food and beverage industries.
What you need
You should have 1 year or more post admission experience in intellectual property or technology law and a passion and drive for this area of law. Candidates with strong corporate or commercial experience and a desire to move into this area will also be considered.
If you are looking for a challenging role in which you will get your hands on interesting and varied work, you really must apply.
For more information on this role call Anca Butcher on 07 3243 3033 or email your CV in confidence to anca.butcher@hays.com.au.
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- 27 Jan 2008 / 04:51 AM
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