Registrar of Trade Marks v Woolworths
| Jurisdiction | Australia Federal only |
| Neutral Citation | [1999] FCAFC 1020 |
| Date | 1999 |
| Year | 1999 |
| Court | Full Federal Court (Australia) |
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93 cases
4 firm's commentaries
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No more wrinkles: High Court clarifies reputation principle for trade mark infringement in PROTOX dispute
...decisions, which were raised by the amicus.12 However, as the Court noted, the key decision Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 was not a decision in the infringement context, but deceptive similarity in relation to the registration of a mark. The Court was not requi......
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Key case considers important trademark issues
...2. In looking to previous decisions, the Full Court held that the principle in Registrar of Trade Marks v Woolworths [1999] FCA 1020; 93 FCR 365 was not a proposition that reputation will be generally relevant to an assessment of deceptive similarity under s 120(1) of the Trade Marks Act 19......
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INN stem objections - still a case by case proposition
...courts and stated: The purpose of the current Act was given judicial consideration by French J in Registrar of Trade Marks v Woolworths [1999] FCAFC 1020; [1999] FCA1020; (1999) 93 FCR 365; (1999) 45 IPR 411; [1999] AIPC 91-499 at [47]: The policy of the 1995 Act can be said to some extent ......
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Last word on BOTOX by the High Court
...unaffected. Footnotes 1 Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (2022) 168 IPR 42. 2 Register of Trade Marks v Woolworths Ltd (1999) 93 FCR 365; CA Henschke & Co v Rosemount Estates Pty Ltd (2000) 52 IPR 42; Australian Meat Group Pty Ltd v JBS Australia Pty Ltd (2018) 268 3 Self Car......
2 books & journal articles
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The Intersection between Registered and Unregistered Trade Marks
...for the purposes of s 44 failed to throw up an earlier conflicting mark. 20 See also Registrar of Trade Ma rks v Woolworths Ltd (1999) 93 FCR 365 ('Woolworths'), 389 [80] (Branson J) (noting that, at the examination stage, 'the Registrar cannot reasonably be expected to be cognisant of the ......
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Reputation in Trade Mark Infringement: Why Some Courts Think it Matters and Why it Should Not
...40 See, eg, Cooper Engineering Co Pty Ltd v Sigmund Pumps Ltd (1952) 86 CLR 536, 539. 41 (1937) 57 CLR 115. 42 Ibid 121–2. 43 (1999) 93 FCR 365. 2010 Reputation in Trade Mark Infringement 245 ____________________________________________________________________________________ device mark co......