Question
You work for Jupiter & Jeannette Lawyers, a Brisbane law firm. Jeremy has come to your law firm for advice. Your Senior Partner has asked
You work for Jupiter & Jeannette Lawyers, a Brisbane law firm. Jeremy has come to your law firm for advice. Your Senior Partner has asked you to produce a memorandum of advice (directed to your Senior Partner) about Jeremy's legal rights and obligations. Jeremy's case is given below: Jeremy owns Jeremy's Dairy, which has produced and sold a range of cheese products since 2009. It started making a marinated cheese named "Persian Fetta" in 2010, which it typically sells to delicatessens and specialty cheese shops. Jeremy's Dairy was the first manufacturer in Australia to make and sell a product bearing the name "Persian Fetta". In all instances, Jeremy's Dairy did not use "Persian Fetta" alone on its product or in its promotional material without some reference to its well-known brand "Jeremy's Dairy" very nearby. On 16 June 2015, Jeremy's Dairy filed a trademark application for PERSIAN FETTA in class 29 for "dairy products including cheese" and obtained registration of the mark on 20 August 2017.
In 2023, Savour Foods began selling marinated cheese under the mark "Persian Marinated Cheese" in similar packaging to the Jeremy's Dairy product. Jeremy's Dairy launched legal proceedings against Savour Foods alleging trademark infringement. In its defence, Savour Foods pleads that the trademark of Jeremy's Dairy should be removed from the Australian Register of Trademarks. Savour Foods has convincing evidence which proves that, on or before 16 June 2015, the word "Persian" was commonly used in Australia to describe a style of feta cheese that originates from, or is associated with, the geographical location once known as Persia.
Question
Was Jeremy's Dairy's trademark registration for PERSIAN FETTA valid? Please provide detailed explanation with references from relevant policy along with relevant section numbers.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started