Federal Court of Australia
Federal Court of Australia
Puma SE v Caterpillar Inc [2022] FCAFC 153 Appeal from: Caterpillar Inc v Puma SE [2021] FCA 1014
File number(s): VID 522 of 2021
Judgment of: NICHOLAS, ROFE AND MCELWAINE JJ
Date of judgment: 9 September 2022
Catchwords: TRADE MARKS – application for leave to appeal from a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) – whether primary judge erred in finding grounds of opposition pursuant to ss 44 and 60 of the Trade Marks Act 1995 (Cth) were made out – whether trade mark deceptively similar to prior registered mark – whether trade mark likely to deceive or cause confusion – where the primary judge's judgment affected by error – whether proposed grounds of appeal have merit – application for leave dismissed
Legislation: Trade Marks Act 1995 (Cth) ss 6, 7, 17, 42(b), 44, 52, 57, 60, 195(2)
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Ltd (2018) 261 FCR 301; [2018] FCAFC 93 Allesch v Maunz (2000) 203 CLR 172; [200] HCA 40 Bauer Consumer Media Ltd v Evergreen Television Pty Ltd (2019) 367 ALR 393; [2019] FCAFC 71 Combe International Ltd v Dr August Wolff GmbH & CoKG Arznemittel (2021) 157 IPR 230; [2021] FCAFC 8 Cooper Engineering Company Pty Ltd v Sigmund Pumps Ltd (1952) 86 CLR 536 In the Matter of an Application by the Pianotist Company Ltd for the Registration of a Trade Mark (1906) 2 RPC 774 Johnson & Johnson v Kalnin (1993) 115 ALR 215 Lomas v Winton Shire Council [2003] AIPC 91-839; [2002] FCAFC 413 MID Sydney Pty Ltd v Australian Tourism Co Ltd (1998) 90 FCR 236 Pfizer Corp v Commissioner of Patents (2006) 155 FCR 578; [2006] FCAFC 190 Qantas Airways Ltd v Edwards (2016) 119 IPR 271; [2016] FCA 729 Re Grundig Trade Mark [1968] RPC 89 Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592
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