Nexans S.A. v Nex 1 Technologies Co. Ltd [2012] FCA 180

Nexans S.A. v Nex 1 Technologies Co. Ltd [2012] FCA 180

The use of the NEX1 Logo on overlapping goods would likely deceive or cause confusion among the purchasing public due to the established reputation of the NEXANS marks in Australia and the similarity in the prefix 'NEX', especially in the context of casual purchase of inexpensive, non-specialist goods. Therefore, Nexans succeeded under s 60 of the Trade Marks Act 1995 (Cth).

Jurisdiction
Australia
Judgment Date
02 March 2012
Procedural Posture
Appeal From Registrar of Trade Marks Decision / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['trade Marks' 'trade Mark Opposition' 'deceptive Similarity' 'reputation' 'likelihood of Confusion']
['intellectual Property'] ['trade Marks' 'trade Mark Opposition' 'deceptive Similarity' 'reputation' 'likelihood of Confusion']

Case Brief

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Procedural Posture

Appeal From Registrar of Trade Marks Decision / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the NEX1 Logo is likely to deceive or cause confusion due to the reputation of the NEXANS trade marks under s 60 of the Trade Marks Act 1995 (Cth)' 'Whether there is sufficient overlap of goods between the NEXANS marks and NEX1 application such that s 60 applies' 'Whether Nexans established reputation for its trade marks in Australia prior to the NEX1 application' 'Whether the visual, aural and conceptual similarities increase risk of confusion or deception']

Ratio Decidendi

The use of the NEX1 Logo on overlapping goods would likely deceive or cause confusion among the purchasing public due to the established reputation of the NEXANS marks in Australia and the similarity in the prefix 'NEX', especially in the context of casual purchase of inexpensive, non-specialist goods. Therefore, Nexans succeeded under s 60 of the Trade Marks Act 1995 (Cth).

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The decision of the delegate of the Registrar of Trade Marks of 30 March 2011 be set aside and Australian Trade Mark Application No 1165913 be refused.' "The first respondent pay the applicant's costs."]