Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 File number: SAD 188 of 2022
Judgment of: CHARLESWORTH J
Date of judgment: 26 February 2024
Catchwords: INTELLECTUAL PROPERTY – trade marks – originating application alleging infringement of trade marks including the plain word mark mercato – whether the respondent has used, as a trade mark, a sign that is deceptively similar to any one of the applicant's trade marks sued upon – cross-claim for cancellation of trade marks or rectification of the Register of Trade Marks in respect of them – whether the cross-respondent was the owner of the trade mark mercato at the time that it applied for registration of it – whether the trade mark mercato is inherently capable of distinguishing the goods and services of the cross-respondent from the goods and services of other traders – whether the word mercato, in its ordinary signification, is commonly understood to mean market among those with an interest in the relevant goods and services – whether other traders should be permitted to use the word in its ordinary signification to describe their goods and services – whether evidence of trade usage of the word supports a conclusion that the word has an established meaning among a target audience comprised of English speaking Australians – whether the registration of a trade mark resulted from representations or evidence that were false in material particulars – meaning of "material particulars" in s 62(b) of the Trade Marks Act 1995 (Cth) – infringement action dismissed – cross-claim allowed in part
Legislation: Evidence Act 1995 (Cth) ss 8, 59, 60, 69, 79, 155, 190 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Trade Marks Act 1955-1958 (Cth) s 26 Trade Marks Act 1995 (Cth) ss 7, 10, 17, 19, 20, 26, 27, 31, 33, 41, 52, 54, 55, 57, 58, 58A, 59, 60, 61, 62, 62A, 88, 89, 120, 206, 207, 210, 219
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate