TRADEMARKS – AUSTRALIA

Penfolds loss in China counterfeit wrangle

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Original article by Eli Greenblat
The Australian – Page: 19 : 9-Dec-19

The Beijing High Court has overturned a previous decision by a Beijing intellectual product court. The latter had thrown out a trade mark used by winery Rush Rich, with its labelling similar that used by Treasury Wine Estates’ Penfolds brand. Treasury Wine Estates has been trying to get the ‘copycat’ Rush Rich label outlawed by the Chinese courts for two years, while it prosecuted an intellectual property case against Rush Rich earlier in 2019 and was awarded $375,302 in compensation.

CORPORATES
TREASURY WINE ESTATES LIMITED – ASX TWE, PENFOLDS WINES PTY LTD, RUSH RICH, HIGH COURT OF BEIJING

Peanut butter battle leaves Kraft in a jam

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Original article by Eli Greenblat
The Australian – Page: 19 : 2-May-19

Australian-listed Bega Cheese has won a trademark dispute with US food giant Kraft over the design of peanut butter packaging. The Federal Court has ruled that Bega has the exclusive right to use the distinctive packaging of Kraft Peanut Butter in Australia after it bought the brand from Kraft spin-off Mondelez International in 2017. Kraft subsequently re-entered the Australian peanut butter market using its traditional packaging, which was similar to that of Bega.

CORPORATES
BEGA CHEESE LIMITED – ASX BGA, THE KRAFT HEINZ COMPANY, MONDELEZ INTERNATIONAL INCORPORATED, FEDERAL COURT OF AUSTRALIA

Ten surrenders but BOSS hasn’t left court

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Original article by Nick Tabakoff
The Australian – Page: 19 : 11-Dec-18

Nine Entertainment Company may still proceed with legal action over the rebranding of the Ten Network’s digital channel despite a backdown by the broadcaster. Ten has advised that its 10 Boss channel will be rebadged as 10 Bold after Nine claimed that its logo was too similar to the "Boss" magazine supplement of "The Australian Financial Review". Nine has issued a statement in which it notes that the trademark dispute is still before the courts.

CORPORATES
NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, TEN NETWORK HOLDINGS LIMITED, FAIRFAX MEDIA LIMITED, CBS CORPORATION, FEDERAL COURT OF AUSTRALIA, MACQUARIE MEDIA LIMITED – ASX MRN

Fairfax or Ten: who’s the BOSS?

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Original article by Nick Tabakoff
The Australian – Page: 27 : 26-Nov-18

Fairfax Media is taking legal action against the Ten Network over the latter’s recently-launched 10 BOSS multi-channel. Fairfax claims that it breaches the trademark of "BOSS" magazine, which is a monthly insert of "The Australian Financial Review". One intellectual property lawyer suggests that the action against Ten may be prompted by a desire by Nine Entertainment to use the BOSS brand across a wider range of media outlets following its merger with Fairfax.

CORPORATES
FAIRFAX MEDIA LIMITED – ASX FXJ, TEN NETWORK HOLDINGS LIMITED, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC

Amazon gearing up to make its trade mark on Australia

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Original article by Sue Mitchell
The Australian Financial Review – Page: 1 & 2 : 7-Dec-16

US e-commerce retail Amazon has applied for more than 250 trademarks in Australia, covering some 30-plus categories of products and services. The retail had previously lodged a number of trademark applications in the mid-2000s, including Amazon Prime and Amazon Fresh. The Amazon Prime subscription video-on-demand service is expected to be formally launched in Australia in 2017. Data from Roy Morgan Research shows that Amazon boast a 50 per cent share of online retail sales in the US.

CORPORATES
AMAZON.COM INCORPORATED, ROY MORGAN RESEARCH LIMITED, IP AUSTRALIA, CITIGROUP PTY LTD

Telstra tells Airbnb tagline doesn’t ‘Belong’ here

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Original article by David Ramli
The Australian Financial Review – Page: 21 : 21-Jul-15

Telstra launched a budget broadband provider called Belong in October 2013. The telco is now challenging Airbnb’s use of its "Belong Anywhere" global marketing slogan in Australia. Airbnb was granted a trademark for the tagline in October 2014, but this was subsequently challenged by Telstra. It has also disputed Vodafone Australia’s use of the "Ready Business" trademark for some of its products.

CORPORATES
TELSTRA CORPORATION LIMITED – ASX TLS, AIRBNB INCORPORATED, VODAFONE AUSTRALIA LIMITED, DAVIES COLLISON CAVE, ADDISONS COMMERCIAL LAWYERS, TOURISM ACCOMMODATION AUSTRALIA

Trademark row risks Vodafone’s plans

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Original article by David Ramli
The Australian Financial Review – Page: 23 : 28-May-15

Australian telcos Vodafone and Telstra are embroiled in an intellectual property dispute. UK-based Vodafone Group sought a trademark to use the phrase "Ready Business" in Australia, as it is used to promote its range of business products in other markets. However, Telstra has argued that it is too similar to its own "Ready for Business" trademark, which it uses to promote its Digital Office Technology products.

CORPORATES
TELSTRA CORPORATION LIMITED – ASX TLS, VODAFONE HUTCHISON AUSTRALIA PTY LTD, VODAFONE AUSTRALIA LIMITED, VODAFONE GROUP PLC, DAVIES COLLISON CAVE, BANKI HADDOCK FIORA