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Tobacco packaging legislation tests international treaties
New Zealand's proposed legislation forcing tobacco products into plain packaging could complicate international trade agreements.

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Hubco - Roof Racks
Hubco Automotive partners with CreateIP to achieve the best possible IP protection and strategy for their roof racks and accessories.

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I've worked with Robert on a number of occasions over the years, both as a partner in his previous firm and subsequently in his own practice, and have found him to be unfailingly professional, helpful and knowledgeable.

- John Missen, Realize Technology

Whirlpool’s recipe for success

Whirlpool Properties, Inc the company behind the well-known KITCHENAID food mixer has successfully prevented registration of the trade mark KitchenMaid.

Huilong Electrical Appliances Pty Ltd (”Huilong”) applied in 2008 to register KitchenMaid as a trade mark in Australia for goods which could broadly be described as kitchen appliances for preparing food and domestic cleaning appliances.

In Whirlpool Properties, Inc. v Huilong Electrical Appliances Pty Ltd [2010] ATMO 79 (25 August 2010), Whirlpool opposed registration of Huilong’s trade mark on the grounds that:

  • it had a reputation in the KITCHENAID trade mark at the date of filing of the KitchenMaid trade mark and
  • due to that reputation use of the KitchenMaid mark was likely to deceive or cause confusion; and
  • KitchenMaid was substantially identical or deceptively similar to Whirlpool’s family of KITCHENAID trade marks and for similar goods or closely related services; andHuilong did not have a bona fide intention to use the trade mark as at the filing date of its application.

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