Australia, Feb. 16 -- The Federal Court of Australia issued the following judgement:
INTRODUCTION
1.1 Background
1 This appeal concerns the application of the principles relevant to questions going to the use, non-use and infringement provisions of the Trade Marks Act 1995 (Cth), and whether or not the respondent engaged in conduct in breach of provisions of the Australian Consumer Law (ACL) (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)). The products involved are capsules for use in dishwashers. The primary judge dismissed the infringement claims advanced by the appellant and made orders that the trade marks in question be removed from the Trade Marks Register; RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pt...