1661 Inc v G.O.A.T Lifestyle Pty Ltd

1661 Inc opposed the registration of the trade mark application number 2266206, filed by G.O.A.T Lifestyle Pty Ltd, for goods and services in classes 5, 25, 30, and 32. The opposition concerned the mark "G.O.A.T Lifestyle". The matter was heard by Tracey Berger.

The primary legal issue before the court was whether the applicant's trade mark was, at the filing date, likely to deceive or cause confusion pursuant to section 60 of the *Trade Marks Act 1995* (Cth). This required an assessment of whether the applicant's mark was substantially identical or deceptively similar to 1661 Inc's earlier trade mark, "1661", and whether the goods and services were similar.

The court found that the marks "G.O.A.T Lifestyle" and "1661" were not deceptively similar. The court reasoned that the common element was the letter "G" and the number "1", but the overall impression of the marks was distinct. The applicant's mark included the words "G.O.A.T Lifestyle", which conveyed a different meaning and visual impression compared to the simple numerical mark "1661". Furthermore, the court considered the distinctiveness of the respective marks and the nature of the goods and services. The opposition was therefore dismissed.