Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd

JurisdictionAustralia Federal only
Neutral Citation2010-1210 FCA B
Date2010
Year2010
CourtFederal Court
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5 cases
  • Henley Arch Pty Ltd v Henley Constructions Pty Ltd
    • Australia
    • Federal Court
    • 5 November 2021
    ...[2020] FCA 82 Vendor Advocacy Australia Pty Ltd v Seitanidis [2013] FCA 971 Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd and Anor [2010] FCA 1367 Division: General Division Registry: Victoria National Practice Area: Intellectual Property Sub-area: Trade Marks Number of paragraphword fo......
  • Taylor v Killer Queen, LLC (No 5)
    • Australia
    • Federal Court
    • 21 April 2023
    ...of that mark “weighs heavily against the conclusion” (Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (2010) 191 FCR 297; 90 IPR 117; [2010] FCA 1367 at [256]–[257] per Middleton J) and that third party usage will make it more difficult for a party to establish that use of that mark is li......
  • Taylor v Killer Queen, LLC (No 4)
    • Australia
    • Federal Court
    • 22 September 2021
    ...of that mark “weighs heavily against the conclusion” (Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (2010) 191 FCR 297; 90 IPR 117; [2010] FCA 1367 at [256]–[257] per Middleton J) and that third party usage will make it more difficult for a party to establish that use of that mark is li......
  • Australian Postal Corporation v Digital Post Australia Pty Ltd (No 2)
    • Australia
    • Federal Court
    • Invalid date
  • Request a trial to view additional results
2 firm's commentaries
  • Trade Marks: Choosing and Using Distinctive Brands
    • Australia
    • Mondaq Australia
    • 2 March 2011
    ...Federal Court decision of Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd [2010] FCA 1367 is a timely reminder of how important it is to choose and use trade marks that are Trade mark applicants are relying more on submitting extensive evidence of use to get their trade marks registered r......
  • Persian Fetta: Sounds exotic, but that doesn't make it a trade mark
    • Australia
    • Mondaq Australia
    • 13 March 2011
    ...brands and trade marks has always been an important selection, and the decision in Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd [2010] FCA 1367 highlights the importance for Australian businesses in choosing differentiating and distinctive trade marks that are able to distinguish their......

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