The recent Federal Court decision of Progressive Green Pty Ltd v Flo Energy Pty Ltd serves as a reminder that trade mark litigation can be a double-edged sword. Trade mark owners should take care that their trade mark is not susceptible to cancellation before bringing proceedings against another party. This requires proper due diligence about the history of the trade mark.
Authors:
Tim O'Callaghan, Partner
Email: tocallaghan@piperalderman.com.au
Travis Schueard, Special Counsel
Email: tshueard@piperalderman.com.au
Zara Cox, Lawyer
Email: zcox@piperalderman.com.au