Mark Foy's Ltd v Davies Coop & Company Ltd

JurisdictionAustralia Federal only
Neutral Citation[1956] HCA 41,1956-0809 HCA B
Date1956
Year1956
CourtHigh Court

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58 cases
2 firm's commentaries
  • Trade marks exist in the minds of consumers
    • Australia
    • Mondaq Australia
    • 28 December 2014
    ...4 Modena argued that the primary judge incorrectly applied registrability tests founded in Mark Foy's Ltd v Davies Co-op & Co Ltd [1956] HCA 41 and Johnson & Johnson Australia Pty Limited v Sterling Pharmaceuticals Pty Limited [1991] FCA 310; (1991) 30 FCR 326 5 [1964] HCA 55; (1964......
  • High Court's BOTOX Decision Highlights A Need For Reform
    • Australia
    • Mondaq Australia
    • 5 May 2023
    ...as a trade mark. Interestingly, the Court did not discuss the decision in Mark Foy's Ltd v Davies Coop & Co Ltd ("Tub Happy case") [1956] HCA 41, where use of Tub Happy in contexts such as "Exacto Cotton Garments - Tub Happy Cotton Fresh Budget Wise" was use of Tub Happy as a trade Presumab......