Coca-Cola Company v All-Fect Distributors Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1999-1210 FCA G,1998-1218 FCA E |
| Date | 1998 |
| Court | Federal Court |
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4 firm's commentaries
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The Great Bottle Battle Coke vs Pepsi: alleged trade mark infringement and passing off
...Marks were both accurately described as having the features identified by the Full Court in Coca-Cola v All-Fect Distributors Ltd (1999) 96 FCR 107, which were the sides of the bottle are curved, rather than flat there is fluting on the top and lower portions of the bottle and no fluting in......
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Google Adwords And The Use Of Competitors' Trade Marks On The Internet
...last visited 15 September 2008 5. Coca Cola Co v All-Fect Distributors Limited (1999) 96 FCR 107 [1999] FCA 1721 at 20. 6. See section 122 of the Trade Marks Act (1995) (Cth) which says "(1) In spite of section 120, a person does not infringe a registered trade mark when: ... (d) the person......
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FIRST-TO-FILE OR FIRST-TO-USE? TRADEMARK PROTECTION IN AUSTRALIA
...to show the source of the goods or services to which it relates. This was provided for in Coca-Cola Co v All-Fect Distributors Ltd [1999] FCA 1721, in which the Full Bench of the Federal Court of Australia held that the use of a mark as a ‘badge of origin’ (“in the sense that it indicates a......
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Best Australian and New Zealand Trade Mark Cases of 2012 - Part 1
..."as trade marks" in the manner required by s120. Citing the full Federal Court decision of Coca-Cola Co v All-Fect Distributors Ltd (1999) 96 FCR 107, Middleton J noted that the alleged infringer must use the trade mark to indicate the origin of the goods or services in itself rather than i......
2 books & journal articles
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DISENTANGLING FUNCTIONALITY, DISTINCTIVENESS AND USE IN AUSTRALIAN TRADE MARK LAW.
...April 2016) 335-6. See also below Part V(A). (195) Global Brand (n 193) 175 [61], citing Coca-Cola Co v All-Fect Distributors Ltd (1999) 96 FCR 107, 118 [25] (Black CJ, Sundberg and Finkelstein (196) Global Brand (n 193) 177 [71]-[73]. (197) Ibid 176 [66]-[67]. Sundberg J ultimately found f......
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Reputation in Trade Mark Infringement: Why Some Courts Think it Matters and Why it Should Not
...presented to actual or _____________________________________________________________________________________ 16 Ibid 332. 17 Ibid. 18 (1999) 96 FCR 107. 19 Ibid 115-6. 20 Most of the decisions considered in this article are Federal Court decisions and, as such, the correct terms are 'applic......