Beecham Group Plc v Colgate-Palmolive Pty Ltd [2005] FCA 838

FEDERAL COURT OF AUSTRALIA

Beecham Group Plc v Colgate-Palmolive Pty Ltd [2005] FCA 838 TRADE MARKS – infringement of Applicants' trade mark "Macleans" claimed in relation to Respondent's product "MaxClean" – whether the use of the alleged infringing sign was use as a trade mark – whether alleged infringing sign was deceptively similar to the trade mark – "MaxClean" not deceptively similar to "Macleans" despite some visual and aural similarities - similarities not such that likely to mislead or cause confusion. Trade Marks Act 1995 (Cth), ss 6, 10, 17, 27(1), 44(1), 120(1) Trade Practices Act 1974 (Cth), Part V Aristoc Ltd v Rysta Ltd (1945) 62 RPC 65 at 73 (cited) Australian Woollen Mills Ltd v FS Walton & Co Ltd (1937) 58 CLR 641 (cited) Beard v Turner 13 LT(NS) 746 (cited) Blackwell v Crabb (1867) 36 LJCh 504 (cited) CA Henschke & Co v Rosemount Estates Pty Ltd (2000) 52 IPR 42 (cited) Caterpillar Loader Hire (Holdings) Pty Ltd v Caterpillar Tractor Co (1983) 1 IPR 265 (cited) Johnson & Johnson Aust Pty Ltd v Sterling Pharmaceuticals Pty Ltd (1991) 30 FCR 326 (cited) Mark Foy's Ltd v Davies Co-op & Co Ltd (1956) 95 CLR 190 (cited) Registrar of Trade Marks v Woolworths Ltd (1999) 45 IPR 411 (cited) Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592 (cited) BEECHAM GROUP PLC & ANOR v COLGATE-PALMOLIVE PTY LTD NSD1425 OF 2004 EMMETT J 22 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1425 OF 2004

BETWEEN: BEECHAM GROUP PLC

FIRST APPLICANT

GLAXOSMITHKLINE AUSTRALIA PTY LTD

SECOND APPLICANT

AND: COLGATE-PALMOLIVE PTY LTD

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 22 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.