TRADE MARKS – whether composite marks containing the registered mark and other words (Opposed Marks) deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – whether the appellant’s trade mark acquired a reputation in Australia before the Priority Date and because of that reputation would likely deceive or cause confusion under s 60 of the Act – whether notional consumer would be caused to wonder whether the Opposed Marks signify a collaboration between brands or that the marks otherwise emanate from the same source
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0750For more information, see the original judgement.
