Lever Bros, Ltd v Lewis Grant Abrams [1909] HCA 32

Lever Bros, Ltd v Lewis Grant Abrams [1909] HCA 32

The trade mark sought by the respondent is so closely resembling the appellants' mark, applied to goods sufficiently similar in class and trade, that it is likely to deceive the public into believing that the respondent's goods are those of the appellants. Registration should therefore not be granted.

Parties
Appellant: Lever Bros., Ltd.; Respondent: Lewis Grant Abrams
Jurisdiction
Australia
Judgment Date
27 May 1909
Procedural Posture
Appeal / Appeal From Decision of the Registrar of Trade Marks
Outcome
Appeal allowed
Legal Topics
Trade Marks, Likelihood of Deception, Registration of Trade Mark, Class of Goods, Similarity of Goods
Intellectual Property Trade Marks Likelihood of Deception Registration of Trade Mark Class of Goods Similarity of Goods

Case Brief

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Parties

Lever Bros., Ltd.

Appellant

Lewis Grant Abrams

Respondent

Procedural Posture

Appeal / Appeal From Decision of the Registrar of Trade Marks

Legal Issues

  1. 1 Whether the mark sought to be registered by the respondent is likely to deceive the public into thinking goods are those of the appellants
  2. 2 Whether the goods of the respondent are 'the like goods, or class of goods' with those of the appellants within the meaning of sec. 25 of the Trade Marks Act 1905

Ratio Decidendi

The trade mark sought by the respondent is so closely resembling the appellants' mark, applied to goods sufficiently similar in class and trade, that it is likely to deceive the public into believing that the respondent's goods are those of the appellants. Registration should therefore not be granted.

Court Disposition

Appeal allowed

Orders

  • Application for registration of the respondent's trade mark refused
  • Respondent to pay the costs of the appeal and costs before the Registrar, to be taxed in this Court