South Australian Brewing Company Pty Ltd v Carlton & United Breweries Ltd [2001] FCA 902

FEDERAL COURT OF AUSTRALIA

The South Australian Brewing Company Pty Ltd v Carlton & United Breweries Ltd [2001] FCA 902 TRADE PRACTICES - misleading and deceptive conduct - representation of sponsorship of two football clubs by brewer in promotional material - promotional material contained photograph of two club captains in "head to head" pose in playing apparel and with club logos - brewer had contractual rights from conductor of football competition as owner of intellectual property in clubs' playing apparel and in club logos to use playing apparel and logos and had contractual rights from two club captains to use their images - brewer had no sponsorship contracts direct with clubs - whether representation in circumstances misleading and deceptive or likely to mislead and deceive - relevance of contractual rights. TRADE PRACTICES - misleading and deceptive conduct - brewer in promotion in relation to football matches used the word "Showdown" - word "Showdown" registered by another entity as a word mark in relation to class 41 including sporting events and entertainment activities associated with sporting events - other entity conducted promotional activities associated with same football matches using its word mark - sporting events also known generically as Showdown matches - whether use of word "Showdown" misleading or deceptive or likely to mislead or deceive - whether use of word "Showdown" passed off brewer's goods or services as those of another. TRADE MARKS - registration of word mark "Showdown" in class 41 as use in relation to sporting events and entertainment activities associated with sporting events - sporting events not conducted by registered owner of mark - registered owner of word mark conducted promotional activities using word mark associated with those sporting events - application to cancel registration of word mark - whether word mark capable of distinguishing services of registered owner - whether word mark likely to deceive or cause confusion - whether registered owner intended to use word mark. TRADE MARKS - word mark "Showdown" registered in class 41 in respect of sporting events and entertainment activities associated with sporting events - registered owner used word mark in promotional activities associated with football matches between two clubs - football matches not presented by registered owner - football matches known generically as "Showdown" matches - competitor of registered owner conducted competition for tickets to "Showdown" matches - whether use as a trade mark. Trade Practices Act 1974 (Cth) ss 52, 53(c), 53(d) Trade Marks Act 1995 (Cth) ss 24, 41, 43, 57, 59, 88 Designs Act 1906 (Cth) Evidence Act 1995 (Cth) s 135