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Tuesday, 29 April 2014

"Much ado about nothing" Shakespeare

"... because it combines elements of robust hilarity with more serious meditations on honor,  shame, and court politics."
(from Sparknotes)

If you already found ATMO 12 and ATMO 64 amuzing,

(25 January 2010)

(25 July 2010)


(23 November 2013)

I really appreciated some wording from Heading Officer Heath Wilson.

For example, 
10 ... ATOMIC branded coffee machines ...
28 ... Mr Robbiati’s patent for the coffee maker in the evidence…
… the Robbiati coffee maker ...
Some observations of Heading Officer Heath Wilson are deserving my recognition and my respect!!!!
I quote:

13 ... In addition, the Applicant arranged for former employees and contractors of Mr. Robbiati to produce the machines in Italy. The above are simply assertions, and no supporting documentation regarding the transfer of the ownership of the Trade Mark to the Applicant, is before me.

32 Notaras 3 affirms that the Applicant (trading as the business Bon Trading Co) promoted the coffee maker in Australia. The declaration makes it equally clear that the shape of the machine is hand-crafted in Italy and has therefore only ever had limited production. Ms Notaras emphasizes that her company created the market in Australia and that it was introduced into Australia by her company. Accepting those statements, I find that the majority of the evidence of Trade Mark use before me is quite dated (between 1966 and 1980) and occurs at the time when the Applicant was the Australian distributor, effectively operating under license from Mr Robbiati.

34 Apart from a short period in the late 1990s, the coffee machines have always been made in Italy and the Applicant’s business (SAY WHAT!!!!!!! They have been made somewhere else than Italy in the late 1990s???? WHERE??????) , Bon Trading Co., has predominantly been involved in parts, services and repairs. For her part, the Applicant declares that she is still selling the machines in Australia (made in Italy) and that Australian customers come to her for parts, services and new machines.[15] As a side note, the Applicant has only applied to register the Trade Mark in relation to the manufacture of the coffee makers, rather than for any retail or repair/maintenance services. Despite the declaration regarding the Applicant’s sales of the coffee machine, there is scant evidence of sales and little advertising. Although some revenue figures have been provided dating from 2007[16] until the priority date, they are not substantial and it is likely that some of the figures relate to the sale of parts for coffee machines, or for the repair of existing machines. Additionally, certain articles on the history of the machine mention that the ATOMIC coffee machine is now a rarity and difficult to obtain. Those statements would be unlikely to arise if the machine was at all times readily available for purchase in Australia from the Applicant.

37 There are some examples of the Trade Mark appearing in newspaper advertisements from the 1960s and the 1980s and a few examples from the 1990s. As mentioned, there is little evidence of the Applicant’s sales or advertising of the shape comprising the Trade Mark since the 1980s. Throughout the early decades, the role of Bon Trading Co as the distributor is clearly mentioned. In addition, one example from the 1990s (at a time when it is alleged that the Applicant owned rights in the production of the machine) advertises the product in the following way:
This snazzy foaming gadget, created by Atomic in Italy, will come to the party for $159. Available from David Jones or call Bon Trading Co...
"simply assertions"
"no supporting documentation"
"majority of the evidence is quite dated"
 "scant evidence of sales and little advertising"
 "statements unlikely to arise if the machine was at all time readily available"
 "little evidence of the Applicant's sales off advertising since the 1980s"
Here is the evidence that the production in Italy of the Robbiati coffee maker in evidence stopped in 1989!

n°1: Giordano Robbiati retired in 1983 and the business (Brevetti Robbiati) was passed over to his son Alfredo Robbiati (S.T.E.M.A.C.).

n°2: The registration of Alfredo Robbiati's business.

n°3: The Closure of Alfredo Robbiati's business in 1989.

n°4: The front page where all these papers are to be found.


Do you want to believe this?

12 The Applicant declares that sometime in the late 1980s, Mr Robbiati said to her words to the effect of:

Keep the Atomic alive, keep it selling, carry it on. I want you to continue the business.
13 From 1980 to 1990, Bon Trading Co. apparently acquired the moulds for the ATOMIC machines and all the related technical materials. 


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