Australia: Quantas succeeds against registration of “Flying Kangaroo” wines

Qantas has successfully opposed an application for registration of the words “Flying Kangaroo” for wines. Though not having used an according trademark, Qantas had filed evidence of its history of using a flying kangaroo logo and the words “Flying Kangaroo” as well as evidence of its strong association with the wine industry. The the Hearing Officer concluded that it was almost inevitable that a significant number of people seeing the applicant’s wine with the trade mark “Flying Kangaroo” would be misled into believing that it has the endorsement or approval of Qantas or has been selected by Qantas for service to passengers on airline flights.Case: QANTAS Airways Limited v Danniel Amadio [2011] ATMO 84 (25 August 2011)

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