Wellness Pty Ltd v Pro Bio Living Waters Pty Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2004-0415 FCA A |
| Year | 2004 |
| Date | 2004 |
| Court | Federal Court |
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...ALR 177 Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7; (1988) 164 CLR 387 Wellness Pty Limited v Pro Bio Living Waters Pty Limited [2004] FCA 438; (2004) 61 IPR 242 Dates of hearing: 5–7, 10–12, 14 September 2018 Registry: South Australia Division: General Division National Practice ......
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1 firm's commentaries
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When is unauthorised use of a trade mark not an infringement of the trade mark owners rights?
...other characteristic of goods or services.9 In Wellness Pty Ltd v Pro Bio Living Waters Pty Ltd (with Corrigendum dated 23 April 2004) [2004] FCA 438, it was held that the use of the words 'Living Water' on bottled water by the respondents, including Pro Bio Living Waters Pty Ltd (Pro Bio) ......