Recent Cases

Seven Network (Operations) Limited v 7-Eleven Inc [2024] FCAFC 65 (27 May 2024) (Burley, Jackson and Downes JJ)


Catchwords:


TRADE MARKS – non-use – Trade Marks Act 1995 (Cth) s 92(4)(b) – whether primary judge erred in finding that registered trade mark owner had not established use during relevant period – use in relation to particular goods and services alleged to have occurred by display of mark on website – use partially established for one category of goods and services – use not established for remaining categories of goods and services

TRADE MARKS – non-use – Trade Marks Act s 101(3) – discretion to permit mark to remain on the Register in relation to remaining categories of goods and services – discretion not exercised in favour of trade mark owner