Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Delfi Chocolate Manufacturing S.A. v Mars Australia Pty Ltd [2015] FCA 1065 Citation: Delfi Chocolate Manufacturing S.A. v Mars Australia Pty Ltd [2015] FCA 1065
Appeal from: Mars Australia Pty Ltd v Delfi Chocolate Manufacturing [2014] ATMO 113
Parties: DELFI CHOCOLATE MANUFACTURING S.A. v MARS AUSTRALIA PTY LTD
File number: VID 785 of 2014
Judge: JESSUP J
Date of judgment: 1 October 2015
Catchwords: INTELLECTUAL PROPERTY – Trade marks – Appeal from a decision of the delegate of the Registrar to refuse to register a trade mark – Hearing de novo – Whether the trade mark sought to be registered was deceptively similar to another trade mark within the meaning of s 44(1) of the Trade Marks Act 1995 – Whether the trade mark sought to be registered was likely to deceive or cause confusion because of the reputation of the "other" trade mark within the meaning of s 60 of the Trade Marks Act 1995
Legislation: Acts Interpretation Act 1901 (Cth) s 15AB(1)(a) Trade Marks Act 1995 (Cth) ss 10, 17, 44(1)(a), 56, 60(a), (b) Trade Marks Amendment Act 2006 (Cth) s 60
Cases cited: Aldi Stores Ltd Partnership v Frito-Lay Trading Co Gmbh (2001) 54 IPR 344 Australian Woollen Mills Ltd v FS Walton & Co Ltd (1937) 58 CLR 641 Mars Australia Pty Ltd v Delfi Chocolate Manufacturing SA (2014) 110 IPR 593 Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365
Date of hearing: 22-23 June 2015
Place: Melbourne
Division: GENERAL DIVISION
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