'Waltzing Matilda' - registrable as a trade mark or not? (first instance decision)

In brief: The Federal Court has ruled against an application to register the trade mark 'WALTZING MATILDA' for a variety of foods and associated services. It found that the Winton Shire Council and the Waltzing Matilda Centre Limited (also in Winton, Queensland) had the better rights to ownership of the Australian icon – despite them not having coined the term 'Waltzing Matilda'.

Progress report : 'Waltzing Matilda' trade mark case (appeal decision)

In brief: In our August 2002 Bulletin, we reported on the decision of a single judge in the Federal Court that the Winton Shire Council in Queensland and the Waltzing Matilda Centre Limited (also in Winton) had better rights to ownership of the Australian icon 'WALTZING MATILDA', based on prior trade mark use, than the original applicant for the trade mark, Brenda Lomas. Ms Lomas has now won an appeal against this decision in the Full Court of the Federal Court.

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