G+T helps Lavazza triumph in trademark infringement case before Federal Court

The ruling invalidated Cantarella Bros' trademarks for "ORO"

G+T helps Lavazza triumph in trademark infringement case before Federal Court

Gilbert + Tobin (G+T) has helped Italian coffee brand Lavazza to secure a Federal Court victory in a trademark infringement case against Vittoria coffee distributors Cantarella Bros Pty Ltd.

The 20 October ruling for Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 3) [2023] FCA 1258 was issued by Justice Yates determined that the trademarks registered by Cantarella for “ORO” were not valid. According to G+T, the judgment was especially notable given that Cantarella had won in High Court against Caffè Molinari distributor Modena Trading Pty Limited over the same trademark back in 2014.

Cantarella had brought the proceedings against Lavazza claiming that the new packaging for Lavazza’s Qualità Oro coffee infringed on Cantarella’s trademark registrations for ORO. However, G+T presented evidence that Caffè Molinari’s use of the ORO mark had pre-dated Cantarella’s.

“Cantarella decided to file proceedings against Lavazza, who had been selling Lavazza Qualità Oro coffee in Australia for more than four decades. Lavazza had no choice but to take all steps available to defend itself in a dispute it did not invite and did not wish to be involved in,” G+T IP partner Siabon Seet said.

The G+T team was led by Seet alongside partner John Lee and lawyers Annabelle Klimt, Natalie Zwar, and Stephanie Leong. Richard Cobden SC, Ed Heerey KC, and Gabriella Rubagotti served as counsel for Lavazza.

Recent articles & video

New metric developed to assess socioeconomic challenges of US law school applicants

American Bar Association to examine accreditation standards for online law schools

International law firm to fund neurodiversity assessments and support for employees

Yoorrook Justice Commission CEO is new Human Rights Commission president

Victorian, Queensland Supreme Courts publish guidelines for AI use

MinterEllison expands consulting team with seven partners

Most Read Articles

NSW Supreme Court sets trial date for landmark strip search class action

K&L Gates Advises Centuria on acquisition of massive glasshouse in Victoria

Hall & Wilcox assists Tobii Dynavox to acquire Link Assistive for $13m

Pearce IP's AU litigation head shares the most important lesson she learned from her old job