Australian Olympic Committee & Sydney Organising Committee for the Olympic Games v Alan Archibald Calder

The Australian Olympic Committee and the Sydney Organising Committee for the Olympic Games (the applicants) sought to register a trade mark. Alan Archibald Calder (the objector) opposed this application. The matter came before the court for determination.

The primary legal issue before the court was whether the application to register the trade mark should be rejected pursuant to subparagraph 42(b) of the relevant legislation, on the grounds that its use would be contrary to law.

The court indicated that its decision would be guided by the general thrust of the evidence presented. It acknowledged that certain considerations regarding the use of a trade mark that might be contrary to law might not be within its purview to definitively decide. The court's task was to assess whether the proposed use of the trade mark would contravene existing laws, thereby precluding its registration.