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Cantarella Bros Pty Limited v. Modena Trading Pty Limited

Case No. S67/2014
Case information

Lower Court Judgment

30/09/2013 Federal Court of Australia (Mansfield, Jacobson, Gilmour JJ)

[2013] FCAFC 110

Catchwords

Trade marks – Trade Marks Act 1995 (Cth) s 41(3) – Trade marks registered in relation to coffee products – Whether Italian words "oro" and "cinque stelle" inherently adapted to distinguish the goods of the registered owner – Whether likelihood that other traders in relevant goods would wish to make honest use of words for sake of "signification which they ordinarily possess" references ordinary signification as understood by members of public or, alternatively, references ordinary signification as understood by traders – Whether the principle is applied differently to foreign language words that do not have commonly understood meaning in Australia.

Short Particulars

Documents

14/03/2014 Hearing (SLA, Sydney)

28/03/2014 Notice of appeal

22/04/2014 Written submissions (Appellant)

22/04/2014 Chronology (Appellant)

13/05/2014 Written submissions (Respondent)

27/05/2014 Reply

05/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

03/12/2014 Judgment (Judgment summary)