Melbourne Chinese Press Pty Ltd v Australian Chinese Newspapers Pty Ltd [2004] FCAFC 201

FEDERAL COURT OF AUSTRALIA

Melbourne Chinese Press Pty Ltd v Australian Chinese Newspapers Pty Ltd [2004] FCAFC 201 TRADE MARKS – Claim of infringement of trade mark – Parties were publishers of rival Chinese language newspapers – Respondent's Chinese title was registered as a trade mark – Respondent's Chinese title consisted of four characters handwritten in the Li Shu style of calligraphy – Applicants' Chinese title used three of the same characters in computer generated Li Shu calligraphy – Whether primary judge erred in determining that the applicants' title was deceptively similar to respondent's title – Significance of difference in meaning of titles caused by differing third characters – Whether non-descriptive words should be emphasised in considering deceptive similarity – Significance of difference between handwritten and computer generated calligraphy – Relevance of evidence of buyer confusion – Cause of buyer confusion – Whether evidence of buyer confusion was hearsay evidence. COPYRIGHT – Whether primary judge correctly assessed respondent's claim of substantial reproduction of itsChinese title. Trade Marks Act 1995 (Cth) ss 6, 10, 17, 120 Copyright Act 1968 (Cth) s 14

MELBOURNE CHINESE PRESS PTY LTD & CHINESE TIMES NEWSPAPER PTY LTD v AUSTRALIAN CHINESE NEWSPAPERS PTY LTD N 2265 OF 2003 WILCOX, KIEFEL AND BENNETT JJ 10 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 2265 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MELBOURNE CHINESE PRESS PTY LTD

(ACN 072 037 168)

FIRST APPLICANT

CHINESE TIMES NEWSPAPER PTY LTD

(ACN 054 649 857)

SECOND APPLICANT

AND: AUSTRALIAN CHINESE NEWSPAPERS PTY LTD

(ACN 003 156 116)