Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clinique Laboratories Inc v Luxury Skin Care Brands Pty Ltd [2003] FCA 1517
INTELLECTUAL PROPERTY – trade marks – opposition to registration – whether marks deceptively similar – where applicant's trade marks have French connotations – where respondent's trade mark has Italian or Spanish connotations – where registration of a foreign version of an English word does not amount to registration of, or reputation in, that English word or all foreign equivalents
Trade Marks Act 1995 (Cth), ss 10, 33, 42, 44, 55, 57, 60 Anheuser-Busch Inc v Budejovický Budvar, Národní Podnik and Others [2002] 56 IPR 182 cited Australian Woollen Mills Ltd v FS Walton & Co Ltd (1937) 58 CLR 641 cited Cooper Engineering Co Pty Ltd v Sigmund Pumps Ltd (1952) 86 CLR 536 applied F Hoffman-La Roche AG v New England Biolabs Inc (2000) 99 FCR 56 referred to Fina Research SA v Halliburton Energy Services Inc and Others (2002) 121 FCR 94 referred to Lomas v Winton Shire Council [2002] AIPC 91-839, [2002] FCAFC 413 referred to Miller v University of New South Wales (2003) 200 ALR 565 cited Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 cited Torpedoes Sportswear Pty Limited v Thorpedo Enterprises Pty Ltd & Anor [2003] FCA 901 referred to CLINIQUE LABORATORIES, INC v LUXURY SKIN CARE BRANDS PTY LIMITED (ACN 101 708 945) N 583 OF 2002 GYLES J 19 DECEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 583 OF 2002
ON APPEAL FROM A DELEGATE OF THE REGISTRAR OF TRADE MARKS
BETWEEN: CLINIQUE LABORATORIES, INC
APPLICANT
AND: LUXURY SKIN CARE BRANDS PTY LIMITED (ACN 101 708 945)
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 19 DECEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1 The application be dismissed. 2 The decision of the Registrar of Trade Marks be confirmed. 3 The applicant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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