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Australian Court shoots down Wild Geese

Issued: August 01 2012

In Austin, Nichols & Co v. Lodestar Anstalt, the Full Court of the Federal Court of Australia has overturned a decision to allow Lodestar’s “Wild Geese” trademark to remain on the Register of Trade Marks on discretionary grounds, despite the fact it had not been used during the statutory three year period. The decision helpfully explains the considerations that a court may take into account in exercising its discretion to allow an “unused” mark to remain on the register, and identifies the qualities of probative evidence of a mark’s reputation in Australia. John Hannebery and Aaron Yates report from Melbourne.