11 Dec 2008
WISTBRAY LIMITED V FERRERO S.P.A. HC WN CIV-2007-485-460
- Citation
- openlaw-e52174c7_abfb_4bff_bbb4_198cf58948cc.pdf
- Court
- High Court
Appeal allowed. The dissimilarity between tea and Ferrero's TIC TAC mints is decisive: there is no sufficient likelihood of deception or confusion under s 17(1)(a) when TICK TOCK is used fairly for tea, and no connection in the course of trade or real prospect of prejudice under s 25(1)(c); accordingly the Assistant Commissioner's refusal is reversed and registration may proceed.