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No spillover reputation in energy drinks case – Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406

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Marina Lloyd Jones, Senior Associate of Allens Arthur Robinson reports on Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406, in which the Federal Court was required to consider whether an energy drink that has enjoyed significant global success, but never been sold or directly marketed in Australia, had developed sufficient ‘spillover’ reputation, such that it would be misleading or deceptive if a local distributor released its own energy drink in Australia under the e me name.

According to Marina Lloyd Jones, overseas brand owners who intend to trade in Australia should register trade marks in advance in Australia to ensure protection for the brand. A business seeking to prove sufficient reputation in a market in which it does not yet trade must have strong direct evidence that its product is known to a substantial number of people in that market.

No spillover reputation in energy drinks case


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