Trade marks
What’s in a name? How celebrities and CEOs can shape your brand
What’s in a name? Well, a lot, if you are referring to the name of a person behind a brand or organisation. A strong personality can certainly influence, whether that be a leader within an organisation, or a celebrity behind a brand. I recently pondered this question while flicking through ...
Five Star Win for Foreign Language Trade Mark Owner
Cantarella Bros Pty Limited v Modena Trading Pty Limited [2013] FCA 8 A recent Federal Court trade mark decision raises the threshold for invalidating a word trade mark which has a relevant meaning in a language other than English. The decision also addresses trade marks under Australian Consumer Law and ...
Revlon Eyes the Prize in Trade Mark Compromise
While I’m no makeup maven, I recently noticed Revlon’s CUSTOMEYES mascara ad. What a clever brand CUSTOMEYES is, given the play on words – particularly as the Revlon product allows for customisation of the effects of mascara on eyelashes. However, Revlon recently faced a wee problem in Australia in the ...
Avoiding the Tide of Genericide
Genericism Genericism is the phenomenon by which a registered trade mark becomes the term by which a particular product or service is known. It is territorial – for example, Americans will ask for a glass of kool-aid (a flavoured drink mix), a word seldom heard or used in Australia. Genericism is often ...