Big Day Films Pty Ltd v Big Day Enterprises

This decision concerns an opposition by Big Day Enterprises (the opponent) to the registration of a trade mark by Big Day Films Pty Ltd (the applicant). The dispute arose from the applicant's attempt to register a trade mark, which the opponent argued would likely cause confusion among consumers. The matter was heard by Debrett Lyons, a Hearing Officer at Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the applicant's proposed trade mark was likely to cause confusion, as contemplated by section 55 of the *Trade Marks Act*. This involved assessing whether the use of the applicant's mark would lead a substantial number of people to wonder if the goods or services originated from the same source or were related to the opponent's enterprise.

Applying the criteria established in *Woolworths*, the Hearing Officer found that the applicant's trade mark was indeed likely to cause confusion. The reasoning was that the use of the mark would lead a significant portion of the public to question the source or affiliation of the goods and services. Having established that one of the grounds of opposition was made out, the Hearing Officer exercised their power under section 55 of the Act to refuse the registration of the trade mark. The applicant was also ordered to pay the opponent's costs.