Let's go to Thredbo in the Winnebago and find some realestate.com.au: trade marks and what they can and can't do for you - Part 1

In this series of three articles I will focus on some of this year's Federal Court cases to explore what makes a good trade mark, how registering a trade mark can help as well as some of the more, and less, usual orders and remedies a Court can provide. The names of the trade marks that are the subject of these cases all appear in the title to the article. The cases' full names and citations are Thredbo - Kosciusko Thredbo v ThredboNet Marketing [2013] FCA 562 realestate.com.au - REA Group Ltd v Real Estate 1 Ltd [2013] FCA 559 Winnebago - Knott Investments v Winnebago Industries [2013] FCAFC 59

Topic one - A little caution with descriptive trademarks

In Kosciusko Thredbo v ThredboNet Marketing [2013] FCA 562 the perils of adopting a descriptive trade mark are on clear display.

It is common and understandable to name a new service by reference to what it is and where it is. The benefits of doing so are obvious - the name tells people exactly what you need them to know. The name "Thredbo accommodation", for example, would tell the...