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Mallesons Pulse Blog

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similarity

Setting the table straight: High Court draws the line between trade mark infringement and misleading or deceptive conduct

Setting the table straight: High Court draws the line between trade mark infringement and misleading or deceptive conduct

17 February 2026
By Cate Nagy, Maggie Chan, Brooke Smith, Damien MacRae
The High Court has clarified that even in the face of a finding that trade mark infringement does not arise due to lack of deceptive similarity, the conduct of a party in using that trade mark may still amount to misleading or deceptive conduct under the Australian Consumer Law.
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Turned belly up: Aldi found liable for copyright infringement of competitor’s ‘Bellies’ brand

Turned belly up: Aldi found liable for copyright infringement of competitor’s ‘Bellies’ brand

21 January 2025
By Cate Nagy, Megan Fitzgerald
On 17 December 2024, Moshinsky J handed down his decision in Hampden Holdings I.P.
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Low or no similarity between marks a matter of semantics – the UK RA case and a call to adopt an avenue of appeal to Appointed Persons under Australian trade marks practice?

Low or no similarity between marks a matter of semantics – the UK RA case and a call to adopt an avenue of appeal to Appointed Persons under Australian trade marks practice?

21 January 2016
By Bill Ladas
It is no secret that decisions of Appointed Persons (AP) of the UKIPO occupy a special place in our hearts here at IP Whiteboard.
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What’s your flavour? Cadbury’s “Black Forest” chocolate unsuccessful in trade mark opposition to Whittaker’s “Berry Forest” mark

What’s your flavour? Cadbury’s “Black Forest” chocolate unsuccessful in trade mark opposition to Whittaker’s “Berry Forest” mark

19 May 2014
By Daniella Phair
IP Whiteboard comments on Cadbury's unsuccessful trade mark opposition to Whittaker's Berry Forest mark in New Zealand.
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