High Court of Australia
te xe pti
IN THE HIGH COURT OF AUSTRALIA
REASONS FOR JUDGMENT
SYDNEY.
Judgment delivered at
9.1949.
HL H Daw, Gor. Print., Melb ond 6.18280/45
'COLDSTREAM REFRIGSRATORS LIMITED
Ve
AIRCRAFTS PROPRIETARY LIMITED
ORDER
Appeal dismissed with costs. No order as to
costs of Registrar.
ee,
DSTREAM TORS LIMITED
AIRCRAFTS PROPRIETARY LIMITED.
REASONS FOR JUDGMENT. LATHAM C.J.
COLDSTREAM REFRIGERATORS LIMITED
Ve
AIRC 'S_PROPRIETARY LIMITED
REASONS FOR JUDGMENT. LATHAM C
This is an appeal under secs. 43 and 45 of the Trade Marks Act 1905-1936 from a decision of the Deputy Registrar of Trade Marks dismissing opposition by Coldstream Refrigerators Limited to an application by Aircrafts Proprietary Limited for the regis- tration of the word "Airstream" as a trade mark in respect of refrigeration apparatus included in class 18 - "engineering, architectural and building contrivances". The opponent company is registered as proprietor of the word "Coldstream" for other classes of goods (scientific instruments, cutlery, carriages, furniture, sporting articles etc.) and is registered as proprietor of the words "Coldstream Guards" for class 6, which includes refrigeration machinery. The opponent company, before the date of the applicant's application, applied for registration of "Coldstream" in respect of class 18. This application was granted and the grant relates back to the date of the application - Trade Marks Act 1905-1936, sec. 47. Class 18, it is agreed, includes domestic refrigerators. Both companies manufacture and sell such refrigerators.
The evidence showed that the opponent compan S.sea the word "Coldstream" as a mark in connection with refrigerators very extensively and almost invariably in conjunction with a drawing or picture of a soldier and often with the word "Guard" or "Guards". In my opinion the word "Coldstream" suggests Coldstream Guards rather than a stream which is cold. "Airstream" has no similar suggestion. Apart from the fact that the word "Coldstream" naturally suggests "Coldstream Guards", I am of opinion that the words "Airstream" and "Coldstream" are so distinct that it is
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