F H Faulding & Company Ltd v Imperial Chemical Industries Etc Ltd

JurisdictionAustralia Federal only
Neutral Citation1965-0630 HCA A,[1965] HCA 72
Date1965
Year1965
CourtHigh Court

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16 cases
  • Campomar Sociedad Ltda v Nike International Ltd
    • Australia
    • High Court
    • 9 March 2000
    ...vigorously with the trademark owner in the marketplace.’ 58 It is also significant that, as Taylor J remarked inF H Faulding & Co Ltd v Imperial Chemical Industries &c Ltd, s 56 of the 1955 Act, which had been modelled on s 15 of the 1938 UK Act, was to be seen55: ‘as a provision intended t......
  • Oxford University Press v Registrar of Trade Marks
    • Australia
    • Federal Court
    • Invalid date
  • Philmac Pty Ltd v Registrar of Trade Marks
    • Australia
    • Federal Court
    • Invalid date
  • Boost Tel Pty Ltd v Singtel Optus Pty Ltd
    • Australia
    • Federal Court
    • 14 March 2023
    ...(Asia) Pty Ltd (No 3) [2021] FCA 1512; 396 ALR 633 F H Faulding & Co Ltd v Imperial Chemical Industries of Australia and New Zealand Ltd [1965] HCA 72; 112 CLR 537 Generic Health v Otsuka Pharmaceutical Co [2013] FCAFC 17; 296 ALR 50 GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Hea......
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1 firm's commentaries
  • Trade marks exist in the minds of consumers
    • Australia
    • Mondaq Australia
    • 28 December 2014
    ...111 CLR 511 at 514 (" Clarke Equipment") 6 When considering s 26 of the 1955 Act 7 And later on further appeal before the High Court 8 [1965] HCA 72; (1964) 112 CLR 537 ("Faulding") 9 Gibbs J in Burger King Corporation v Registrar of Trade Marks [1973] HCA 15; (1973) 128 CLR 417 of what Kit......
1 books & journal articles
  • DISENTANGLING FUNCTIONALITY, DISTINCTIVENESS AND USE IN AUSTRALIAN TRADE MARK LAW.
    • Australia
    • Melbourne University Law Review Vol. 42 No. 1, August 2018
    • 1 August 2018
    ...'in the ordinary course of their businesses': FH Faulding & Co Ltd v Imperial Chemical Industries of Australia and New Zealand Ltd (1965) 112 CLR 537, 555 (Kitto J); Clark Equipment (n 52) 516-17 (Kitto J). (159) (2005) 64 IPR 607. (160) Ibid 611-12 [19], 614 [27]-[28] (Hearing Officer ......