Tobacco fails in loss of trademark value appeal in Australia

Intellectual Asset Management reports that big tobacco has lost its first round in trying to prevent (or get compensated for) neutral or plain packaging using a loss of trademark value argument. Last week the Australian High Court distinguished between the right to prevent others from using your trademark and the right to use it yourself.

Tobacco products sold in Australia after December 1 must be in plain brown packaging with brand names revealed only in small type. Health warnings will remain.