Best & Less Pty Ltd v Consolidated Artists BV

Best & Less Pty Ltd (Best & Less) sought to restrain Consolidated Artists BV (Consolidated Artists) from infringing its trade mark. The dispute concerned the use of the word "Best & Less" by Consolidated Artists in relation to the sale of clothing and related goods. The matter came before Justice Iain Campbell Thompson in the Federal Court of Australia.

The primary legal issue before the court was whether Consolidated Artists' use of the mark "Best & Less" constituted an infringement of Best & Less's registered trade mark. This involved a determination of whether the marks were substantially identical or deceptively similar, and whether the goods in respect of which the mark was used were of the same description as those for which the trade mark was registered.

Justice Thompson considered the principles of trade mark infringement, particularly the test for deceptive similarity. He found that the marks were not substantially identical. However, applying the test of whether the marks were likely to deceive or cause confusion, his Honour concluded that there was a real chance of deception or confusion in the marketplace. This conclusion was based on a comparison of the visual and aural aspects of the marks, as well as the nature of the goods sold. The court also considered the potential for consumers to believe that the goods sold by Consolidated Artists were associated with or endorsed by Best & Less.

The court ordered that Consolidated Artists be restrained from infringing Best & Less's trade mark.