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Australia Leading Case trademarks

Cantarella Bros Pty Ltd v Modena Trading Pty Ltd

(2014) 254 CLR 337
JurisdictionAustralia
CourtHigh Court of Australia
Year2014
StatusBinding authority

Summary

Foreign words used as trademarks are assessed for descriptiveness in the Australian English-speaking market; Italian words for coffee were registrable as not inherently descriptive.

Key Principle

The HCA held that Italian words ('oro' and 'cinque stelle') used as trademarks for coffee were not inherently descriptive in the English-speaking Australian market and were therefore registrable as trademarks.

Area of Law

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