Colorado trade mark leave to appeal refused
On Friday 23 May 2008, the High Court rejected an application for leave to appeal the decision of the Full Federal Court in Colorado Group Limited v Strandbags Group Pty Limited [2007] FCAFC 184. A review of this case appeared on page 6 of Phillips Ormonde & Fitzpatrick's March 2008 newsletter, available here.
While leave was not granted, the Court suggested that there may be some uncertainty about the correctness of the Full Court's approach to s 41(5). The applicant argued that the "other circumstances" refered to in s 41(5)(a)(iii) do not include use of the mark by other traders which would only be relevant under s 60.
The transcript is here.
While leave was not granted, the Court suggested that there may be some uncertainty about the correctness of the Full Court's approach to s 41(5). The applicant argued that the "other circumstances" refered to in s 41(5)(a)(iii) do not include use of the mark by other traders which would only be relevant under s 60.
The transcript is here.
Labels: australian trademarks
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