C A Henschke & Company v Rosemount Estates Pty Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1999-1111 FCA D,2000-1031 FCA A |
| Date | 1999 |
| Court | Federal Court |
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31 cases
- Ami Australia Holdings Pty Ltd v Bade Medical Institute (Aust.) Pty Ltd (No 2)
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Henley Arch Pty Ltd v Henley Constructions Pty Ltd
...in the same way as in a passing off suit. This passage was approved by the Full Court in C A Henschke & Co v Rosemount Estates Pty Ltd [2000] FCA 1539; 52 IPR 42 (Ryan, Branson, Lehane JJ) at It may be noted that the language of s 10 of the Trade Marks Act includes that a trade mark is take......
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3 firm's commentaries
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Key case considers important trademark issues
...likelihood of imperfect recollection" 4. Consequently, their Honours chose to apply Henschke & Co v Rosemount Estates Pty Ltd [2000] FCA 1539; 52 IPR 42 in determining that reputation is not relevant when determining a trademark infringement Ultimately, the Full Court went on to determi......
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Federal Court rules Signature' wine trade marks not deceptively similar
...1 Samuel Smith & Son Pty Ltd v Pernod Ricard Winemakers Pty Ltd [2016] FCA 1515. 2 C A Henschke & Co v Rosemount Estates Pty Ltd [2000] FCA 1539 [52] (per 3 Samuel Smith & Son Pty Ltd v Pernod Ricard Winemakers Pty Ltd [2016] FCA 1515 [105] (Charlesworth J). 4 Ibid, [123]. This ......
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Fur flying in fashion cases: a roundup of last year's trade mark disputes involving fashion brands
...quoting from the judgment of the Full Court in CA Henschke & Co v Rosemount Estates Pty Ltd (2000) 52 IPR 42; (2000) AIPC 91-640; [2000] FCA 1539; 6Mars Australia Pty Ltd v Sweet Rewards Pty Ltd (2009) 81 IPR 354; [2009] FCA 606; BC200904981. See also C Logan "Mars fail to get up in get......
1 books & journal articles
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Reputation in Trade Mark Infringement: Why Some Courts Think it Matters and Why it Should Not
...55 See Registered Trade Mark No 63697 which is a contour drawing of a bottle without any mention of or reference to colour or words. 56 [2000] FCA 1539 (Unreported, Ryan, Branson and Lehane JJ, 31 October 2000). 57 Ibid [53]. 2010 Reputation in Trade Mark Infringement 251 __________________......