Berlei Hestia Industries Ltd v The Bali Company Inc

Berlei Hestia Industries Ltd (the applicant) sought to register the trade mark "Bali" for use in relation to brassieres and other articles of clothing. The Bali Company Inc (the opponent) opposed this application, claiming that the mark was deceptively similar to its own registered trade mark "Bali" used for similar goods. The matter came before the High Court of Australia.

The primary legal issue before the High Court was whether the applicant's proposed trade mark "Bali" was deceptively similar to the opponent's registered trade mark "Bali" for the purposes of the relevant trade marks legislation. This involved an assessment of whether an ordinary consumer, when encountering the applicant's mark in the marketplace, would be likely to be deceived or confused into believing that the goods originated from or were connected with the opponent.

The Court considered the principles of deceptive similarity, which require a comparison of the marks as a whole, taking into account visual, phonetic, and conceptual resemblances. It was noted that the marks were identical in spelling and pronunciation. The Court found that the goods in question were of a similar kind, and that the common use of the word "Bali" in relation to such goods did not diminish the likelihood of confusion. Consequently, the Court held that the marks were deceptively similar.

The High Court dismissed the applicant's appeal, upholding the decision of the Registrar of Trade Marks and the Full Federal Court. The registration of the trade mark "Bali" by Berlei Hestia Industries Ltd was refused.