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Griffith Hack - Pfizer Products Inc v Karam

Griffith Hack has released a casenote on Pfizer Products Inc v Karam [2006] FCA 1663.

Pfizer had opposed the registration of the trade mark HERBAGRA in respect of herbal medicines used to aid health, vitality and sexuality on the basis that consumers would be confused with Pfizer’s VIAGRA trade marks.

Karam had relied on authority suggesting that an opposition should only be upheld if the Court is satisfied that the trade mark should clearly not be registered.  However, Justice Gyles did not demand a higher burden of proof and applied the “ordinary” burden of
proof (an opponent need only show that a ground of opposition has been established).

Link to Griffith Hack’s Need to Know article



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