N.V. Sumatra Tobacco Trading Company v British American Tobacco Services Limited [2011] FCA 1051

FEDERAL COURT OF AUSTRALIA

N.V. Sumatra Tobacco Trading Company v British American Tobacco Services Limited [2011] FCA 1051 Citation: N.V. Sumatra Tobacco Trading Company v British American Tobacco Services Limited [2011] FCA 1051

Parties: N.V. SUMATRA TOBACCO TRADING COMPANY v BRITISH AMERICAN TOBACCO AUSTRALIA SERVICES LIMITED ACN 004 069 649

File number(s): QUD 260 of 2008

Judge: GREENWOOD J

Date of judgment: 9 September 2011

Catchwords: INTELLECTUAL PROPERTY – consideration of an appeal under s 56 of the Trade Marks Act 1995 (Cth) from a decision of the Registrar's delegate in opposition proceedings – consideration of a cross-appeal – consideration of grounds advanced under ss 43, 44 and 60 of the Trade Marks Act 1995 (Cth) – consideration of whether the trade marks LUCKY DREAM and LUCKY DRAW are deceptively similar to registered trade marks LUCKY STRIKE and LUCKIES – consideration of the principles to be applied in determining deceptive similarity – consideration of the principles to be applied in determining the standard of proof to be discharged by the opponent in discharging the opponent's onus of proof TRADE MARKS - consideration of an appeal under s 56 of the Trade Marks Act 1995 (Cth) from a decision of the Registrar's delegate in opposition proceedings – consideration of a cross-appeal – consideration of grounds advanced under ss 43, 44 and 60 of the Trade Marks Act 1995 (Cth) – consideration of whether the trade marks LUCKY DREAM and LUCKY DRAW are deceptively similar to registered trade marks LUCKY STRIKE and LUCKIES – consideration of the principles to be applied in determining deceptive similarity – consideration of the principles to be applied in determining the standard of proof to be discharged by the opponent in discharging the opponent's onus of proof