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Cantarella Bros Pty Limited v Modena Trading Pty Limited

[2014] HCA 48
Case number
S67/2014
Before
French CJ, Hayne, Crennan, Kiefel, Gageler JJ
Catchwords

Intellectual property – Trade marks – Foreign words – Appellant was registered owner of trade marks "ORO" and "CINQUE STELLE" in respect of products including coffee – Respondent sought cancellation of appellant's trade marks – Whether trade marks inherently adapted to distinguish appellant's goods from goods of other persons

Words and phrases − "covert and skilful allusion" – "directly descriptive", "inherently adapted to distinguish", "ordinary signification".

Trade Marks Act 1995 (Cth) – s 41.

Files
48.rtf (384.45 KB)
48.pdf (190.85 KB)