Intellectual Property Expert Witness Cases
Witness Example
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ARL V SUPER LEAGUE: the most famous football battle off the field. Rugby League was never the same again. |
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TABASCO: is a ‘hot’ design company’s use of the Tabasco name too close for comfort? |
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NIKE: a company chose to launch Nike fragrance (the only problem was they owned the Nike Trademark in the fragrance category). |
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CANON: would customers buying batteries, using derivatives of the Canon brand name, believe they were associated with the camera brand? |
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KELLOGG’S: what happens when a fruit juice company launches a kids product featuring a toucan? |
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SUNRICE: is an Asian cooking school being clever or deceptively similar to a famous rice brand? |
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HARRY POTTER: can a retailer brand extend into kid’s clothing using that famous name – their women’s wear name usage predated the launch of the book, movie and merchandise franchise. |
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SKI: is a drinking yoghurt a drink or a food? Millions of dollars in taxes rested on that decision. |
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BOTOX: the use of deceptively similar names by a variety of companies from beauty therapies to day spas. |
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CHIFLEY TOWER: can a retail/office tower own the name of an Australian Prime Minister, preventing a retail/hotel complex from opening? |
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PIONEER: what happens when a market morphs from a ‘computer industry’ to an ‘integrated communications industry’ and brands come into conflict? |
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HARLEY DAVIDSON: is an operator who offers Harley rides & refreshments in a Harley restaurant riding roughshod over the famous bike brand? |
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QANTAS: how close can a kangaroo logo come to the famous ‘flying kangaroo’ without infringing the well known trademark? |
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BEATS: can other sound equipment manufacturers create derivatives of the Beats name without treading on Dr Dre’s territory? |
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BUDGET: is a travel company using the Budget name too close for comfort to the well known car rental organisation? |
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COLLETTE DINNIGAN: what happens when a retailer of lady’s fashion accessories, brands her shops and merchandise 'Colette'. Would the average consumer think there is an association with the Australian fashion icon? |
