By Melinda Upton and Danielle Selig

What you need to know

On 22 May 2013, Justice Bennett refused an application in the Federal Court of Australia, by Cheqout Pty Ltd (Cheqout), to register the trade mark “superman workout”. Adopting the test relied upon by Justice Dodds-Streeton in Fry Consulting v Sports Warehouse Inc (No 2) (2012) (Fry), her Honour held that Cheqout made the application in bad faith as its “conduct fell short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons.”


Continue Reading It’s a bird! It’s a plane!: Superman claims victory in the Federal Court of Australia