Kimberly-Clark Corporation v Vereinigte Papierwerke Schikedanz & Co [1967] HCA 45

Kimberly-Clark Corporation v Vereinigte Papierwerke Schikedanz & Co [1967] HCA 45

Registration of 'Coldex' in class 5 rejected due to likelihood of confusion with 'Kotex'. Registration in class 16 permitted only with amended descriptions ('table-napkins' for 'napkins' and 'babies-napkins' for 'diapers') to avoid overlap and resultant confusion.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment After Hearing (original Jurisdiction)
Outcome
Appeal in case No. 7 of 1965 allowed (application 167606 refused); decision in case No. 8 of 1965 (application 167607) set aside, registration ordered with amendments; respondent to pay three fifths of appellant's costs.
Legal Topics
['trade Marks' 'deceptive Similarity' 'registration of Trade Marks']
['intellectual Property Law'] ['trade Marks' 'deceptive Similarity' 'registration of Trade Marks']

Case Brief

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Procedural Posture

Appeal / Judgment After Hearing (original Jurisdiction)

Legal Issues

  1. 1 ["Whether the trade mark 'Coldex' is deceptively similar to 'Kotex'." "Whether registration of 'Coldex' should be refused for certain goods due to likely deception or confusion under the Trade Marks Act 1955-1966 (Cth)." "Whether 'Coldex' is disentitled to protection as a trade mark due to descriptiveness or inherent qualities."]

Ratio Decidendi

Registration of 'Coldex' in class 5 rejected due to likelihood of confusion with 'Kotex'. Registration in class 16 permitted only with amended descriptions ('table-napkins' for 'napkins' and 'babies-napkins' for 'diapers') to avoid overlap and resultant confusion.

Court Disposition

Appeal in case No. 7 of 1965 allowed (application 167606 refused); decision in case No. 8 of 1965 (application 167607) set aside, registration ordered with amendments; respondent to pay three fifths of appellant's costs.

Orders

  • ["Application No. 167606 for registration of 'Coldex' in class 5 refused." 'Decision of Assistant Registrar in Application No. 167607 set aside.' "Order that the trade mark 'Coldex' be registered in respect of 'goods made from paper or pulp as substitutes for textile goods, namely face-cloths, handkerchiefs,...