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ARTICLE · 13 MARCH 2011

Persian Fetta: Sounds exotic, but that doesn't make it a trade mark

Clayton Utz
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Choosing brands and trade marks has always been an important selection, and the decision in Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd [2010] FCA 1367 highlights the importance for Australian businesses in choosing differentiating and distinctive trade marks that are able to distinguish their goods and services from their competitors.

AustraliaIntellectual Property
Mary Still
Mary Still
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Choosing brands and trade marks has always been an important selection, and the decision in Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd [2010] FCA 1367 highlights the importance for Australian businesses in choosing differentiating and distinctive trade marks that are able to distinguish their goods and services from their competitors.

Yarra Valley had been using its registered trade mark "PERSIAN FETTA". It claimed that Lemnos Foods was infringing its trade mark by using an identical mark, in breach of section 120 of the Trade Marks Act 1995 (Cth).

Yarra Valley also sought relief for misleading and deceptive conduct (in breach of section 52 of the Trade Practices Act 1974 (Cth)) and for damage to its goodwill (passing off).

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