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ARTICLE · 23 AUGUST 2020

BLACK SHEEP Trade mark dispute – Not all Sheep are the same

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This decision provides guidance on types of evidence sufficient to prove use of a trade mark in the course of trade.

AustraliaIntellectual Property
Danielle Spath
Danielle Spath
Sean McManis
Sean McManis
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Chris and Dora Di Lorenzo Partnership v Denversian Pty Ltd & Anor [2020] FCAA 1718 (30 June 2020)

On 30 June 2020, Chris and Dora Di Lorenzo Partnership (Di Lorenzo) unsuccessfully appealed against a decision by the Registrar of Trade Marks regarding registration of the trade mark BLACK SHEEP by Denversian Pty Ltd (Denversian).

Background

Di Lorenzo is the registered owner of Australian Registration 1681212 for the BLACK SHEEP & Device trade mark represented below. This registration covers goods in classes 30 (coffee and coffee products) and 43 (coffee bar and coffee house services, coffee shop services) and has a priority date of 16 March 2015.

Since September 2011, Di Lorenzo operated a café business in Sydney, New South Wales under the name Black Sheep.

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Shelston IP ranked one of Australia's leading Intellectual Property firms in 2015.

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