Yesterday, on behalf of our client Mercato Centrale Australia Pty Ltd, Rigby Cooke Lawyers successfully defeated an application by Caporaso Pty Ltd to the High Court of Australia for special leave to appeal the Full Court decision of 6 December 2024, whereby Caporaso Pty Ltd’s MERCATO trade mark was ordered to be deregistered.
The High Court refused the application for special leave and ordered Caporaso Pty Ltd to pay Mercato Centrale Australia Pty Ltd’s costs. This represents the third victory in a row for Mercato Centrale Australia Pty Ltd (Federal Court, Full Federal Court and now the High Court of Australia) and means Il Mercato Centrale can continue to trade without impediment in the context of this proceeding. This is now the end of the line for the legal challenge which Caporaso Pty Ltd commenced in December 2022 seeking a monopoly over the word ‘Mercato’.
Advising Mercato Centrale Australia Pty Ltd was Rigby Cooke Lawyers’ Litigation & Dispute Resolution team headed by Elizabeth Guerra-Stolfa, Partner, and Tom Hoerner, Special Counsel, together with Rigby Cooke Lawyers’ Intellectual Property team headed by Ian Rosenfeld, Partner.
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