2 Oct 2008
GENEVA MARKETING (1998) LTD V JOHNSON & JOHNSON AND ORS HC AK CIV 2007-404-2431
- Citation
- openlaw-24a77e98_1cf7_4559_9138_72ce53943536.pdf
- Court
- High Court
On the evidence and applying the statutory tests prospectively and retrospectively, the court found no real likelihood that Johnson & Johnson's use of the composite mark K-Y Sensual Silk would deceive or confuse the relevant purchasing public; Johnson & Johnson had used the registered mark fairly and without altering its distinctive character so s93 operated as a complete defence to Geneva's infringement claim, and consequently Geneva's claims for invalidity, revocation, infringement, passing off and FTA breach failed.