A word in common usage can be trademarked if used out of context. Archetypal example: apple.
If you sell fruit, no way jose. If you sell computers, no problem.
Hence koala is a brand of clothing.
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True, but one canât take action about breach of trademark when commonly use. E.g. Apple (company) taking action against apple (fruit) industry for use of the name.
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It would not surprise me if they did try.
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Thereâs a bit of confusion in this thread about what a trademark actually is. In my uni studies we were taught that trademarks can be enforced if a âreasonable personâ could confuse the two.
In this way ANY word or phrase, generic or not, can be trademarked if no one else in a given industry is using that as their branding. You donât have to have invented a word to argue breach of trademark.
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⊠âapplesâ have duked it out before - though both non-fruit types - Apple (music company) vs Apple (computer company) 
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That shows why a court dispute is reasonable in this case. Apple sells more than just computers. As they operate iTunes, a reasonable person could be confused that when Apple is selling music it has something to do with Apple Records.
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Very much so now, not so much back when the issues started in 1978. Seems Apple Corp had some premonitions though ⊠sue early and sue often? you never know when theyâll encroach?
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Another David & Goliath trademark dispute.
I love the bit in Nestles letter âWe are willing to work with Yarra Valley Chocolaterie to support them to transition in a way which minimises their cost and inconvenience.â when they did not respond to the couplesâ request for 12 months to minimise costs and disruptionâŠ
And this extract from the letter.
Whilst at The Reject Shop last week, I noticed a display of Mars Malteser Dark Chocolate Blocks for $1.50 each so I bought 2 blocks.
After my wife had eaten half a block, I looked at the fine print on the packaging with my reading glasses and was very surprised to see it was made in China.
I see that Woollies has the same product for half price today for $2.40, save $2.40, so I will check to see if their stocks are also made in China.
The multinational companies obviously wouldnât want consumers to confuse Australian made products with their imports.
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The reality of trademark ownership is that the holder of a trademark is literally obligated to protect their trademark against all companies that infringe on it regardless of circumstances, product, or industry. If they do not enforce their trademark on each and every occasion as it becomes known to them, they can easily lose the trademark in its entirety.
While this is a US centric site, the information is applicable through most of the world.
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This is an important but seemingly little known point. Trademark registration only protects the owner if the owner enforces it - nobody else will as you pointed out. Patents same as I understand it âŠ
⊠which is fine for the big end of town - but the little guy often doesnât have the funds to properly protect their trademark. I went through this with a friend some years ago - we found the only economical way to bring a product to market was through overseas fabricators - you can rest assured it will be on eBay before you get your first shipment was our lesson âŠ
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Looking at the details of the case (not on Nine, because I have the website on my block-list), while Disney may indeed be incredibly hypocritical in this case they probably had a pretty strong fair use argument. While I donât profess an understanding of US copyright law, provided the clips being used were only short they were probably fine in a documentary about Michael Jackson.
Iâm a little surprised Disney does not yet own the Michael Jackson estate.
Fair dinkum! (Okay, the chequeâs in the mail.)
Back in the days of the Apple II+, there were Peaches and other kinds of fruity computing deliciousness that emulated the Apple product.
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Down N Out Told To Burger Off.
I think this is a very poor decision
Down N Out does not even have the word Burger in their logo, in contrast to In-N-Out Burger and their logos are nothing alike.
Perhaps in true US fashion, In-N-Out Burger considers that they have the global rights to âNâ and âOutâ like McDonalds think that they do with âMacâ and âMcâ, and Apple think that they do with the word âAppleâ and an image of an apple.
Even more disgraceful when In-N Out Burger is not even operating in Australia apart from some pop up outlets, which is probably why they dropped their claim for damages as there obvioulsy were none.
Whovere said that the law is an ass?
PS. Perhaps Maccas should sue Apple for using âMacâ for their computers and Apple should sue Maccas for Hot Apple Pie.
Bring it on.
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As has been posted, trademark law mandates that any infringement, real or imaginary, must be prosecuted with a cease and desist and if necessary an infringement suit, or the trademark can go into the public domain. All that is required is that In-N-Out Burger has registered their trademark in Australia so they have to play the game as it is, and as with many things everything is not exactly the cut and dried version reported by the MSM.
A more business aligned perspective (note the date on the link!)
and a review from 2016 when they opened their doors. Innocent, clever, or infringing?
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Sometimes the little guy might win. But will another shoe drop?
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Great stuff, especially in view of this.
"Joe Lycett â a performer and regular on UK TV shows such as Never Mind the Buzzcocks, 8 Out of 10 Cats and QI â has taken offence after the luxury brand started threatening businesses that use the word âBossâ in their names.
One of the businesses allegedly targeted by Hugo Boss was the Boss Brewery in Swansea in Wales, which was forced into paying thousands of pounds to legally defend itself after Hugo Boss tried to stop the company using the trade name last year."
It is a wonder that this lot did not attempt to take on Ford for their Boss engines.
Hope he wears their competitorsâ clothing on all occassions.
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Perhaps they might think twice about taking this Brewer on?
https://www.suntorybosscoffee.com.au/
P.S. Suntory owns the product!
What does it taste like? Hot or cold out of the vending machine. An acquired taste more in the style of American black filter, than Italian espresso with crema.
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One small observation on this (not directed at you personally): This implies a certain passivity that may not be helpful. If the law isnât working for us, as a society, and enough voters demand change then the law can be changed.
In-N-Out Sued This Tiny Australian Burger Chain. Its Reaction is Brilliant
Looking at the photo of In-N-Out, you wonder whether the corporate vultures at McDonaldâs might consider suing In-N-Out in turn. That might give In-N-Out something to think about.
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Heâs a comedian - where would he get that kind of money?
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They might be happy to sponsor him to stick it up Hugo Boss.
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Led Zepplin have finally won the legal case which claimed that they copied âTaurusâ in their hit song âStairway To Heavenâ.
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