Conde Nast Publications Pty Ltd v Taylor [1998] FCA 864

FEDERAL COURT OF AUSTRALIA

TRADE MARKS – application for registration of mark "EUROVOGUE" – opposition to application by proprietor of registered mark "VOGUE" – appeal from decision of Registrar dismissing opposition – whether mark likely to deceive or cause confusion – absence of evidence of actual confusion or deception after registration – appearance of mark as seen in ordinary course of trade – relevance of circumstances in which goods are bought – deceptive similarity. Trade Marks Act 1955, ss 28(a), 33 Trade Marks Act 1995, s 241(2)

Johnson & Johnson v Kalnin (1993) 26 IPR 435, applied In the Matter of an Application by Alex. Pirie and Sons Ld. to Register a Trade Mark (1933) 50 RPC 147, applied Southern Cross Refrigerating Company v Toowoomba Foundry Proprietary Limited (1953) 91 CLR 592, applied Polo Textile Industries Pty Limited v Domestic Textile Corporation Pty Limited (1993) 42 FCR 227, distinguished Jafferjee v Scarlett (1937) 57 CLR 115, applied Mars GB Ltd v Cadbury Ltd [1987] RPC 387, referred to In the Matter of London Lubricants (1920) Limited's Application to Register a Trade Mark (1925) 42 RPC 264, applied Carnival Cruise Lines Inc v Sitmar Cruises Ltd (1994) 31 IPR 375, applied In the Matter of an Application by Smith Hayden & Coy., Ld. (1945) 63 RPC 97, applied

CONDE NAST PUBLICATIONS PTY LIMITED v VIRGINIA TAYLOR NG 659 of 1996 Burchett J Sydney 24 July 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 659 of 1996

BETWEEN: CONDE NAST PUBLICATIONS PTY LIMITED

Applicant

AND: VIRGINIA TAYLOR

Respondent

JUDGE: BURCHETT

DATE OF ORDER: 24 July 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.