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Sep 13, 2016
Lauren Eade, Gilbert + Tobin, Australia
Lisa Lennon, Gilbert + Tobin, Australia
First published on www.lexology.com

The goose is cooked: authorised use and bare trade mark...


Lauren Eade, Gilbert + Tobin, Australia, Lisa Lennon, Gilbert + Tobin, Australia, First published on www.lexology.comFollowing the recent case of Lodestar Anstalt v Campari America LLC [2016] FCAFC 92, trade mark owners who don’t exercise actual control over licensee’s use of a trade mark risk their registrations being removed for non-use, even though the licensee is actually using the mark.
The case is part of the long-running dispute concerning the WILD GEESE and WILD TURKEY trade marks for whiskey products. As part of that dispute, a predecessor of Campari had previously purchased a trade mark registration for the WILD GEESE brand from an Australian winery, Wild Geese Wines Pty Ltd. It immediately licensed the use of the mark back to the Wild Geese Wines for $1. The licence included basic quality control provisions such as that the mark only be used in relation to products which met Australian Wine and Brandy Corporation export approval, and permitted the licensor to request samples for testing. This kind of licence is often referred to as a “bare” licence as it included token quality control  read more