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Urban Alley Brewery Pty Ltd (Urban Alley) is a Melbourne based craft brewer. In 2016, it successfully registered the words “Urban Ale” as a trade mark. Urban Alley then launched a new beer product under the label “Urban Ale” in 2018.
La Sirène filed a cross-claim, applying to have Urban Alley’s trade mark cancelled. |
The decision |
The Court first dealt with the question of whether the “Urban Ale” trade mark should be cancelled. |
Lavan comment |
The trade mark register will not always withstand scrutiny from a court. The courts are able to affirm or cancel registrations and will consider evidence available to it in doing so. Accordingly, it is imperative that you understand the nature and extent of the protections afforded through trade mark registration. Even if you own a registered trade mark, there may be circumstances where a competitor may use your brand in a mere descriptive sense. |
[1] |
Urban Alley Brewery Pty Ltd v La Sirène.Pty Ltd [2020] FCA 82, [119]. |
[2] |
Urban Alley Brewery Pty Ltd v La Sirène.Pty Ltd [2020] FCA 82, [127]. |
[3] |
Urban Alley Brewery Pty Ltd v La Sirène.Pty Ltd [2020] FCA 82, [134]. |
[4] |
Urban Alley Brewery Pty Ltd v La Sirène.Pty Ltd [2020] FCA 82, [139]. |