Bose Corporation v Target Australia Pty Ltd

Bose Corporation (Australia) Pty Ltd and Bose Corporation (USA) (collectively, Bose) brought proceedings against Target Australia Pty Ltd (Target) in the Federal Court of Australia. Bose alleged that Target had infringed its trade mark rights by selling headphones that were deceptively similar to Bose's own products. Bose sought an injunction and damages.

The primary legal issue before the Court was whether Target's sale of the headphones constituted trade mark infringement under the *Trade Marks Act 1995* (Cth). This involved determining whether the mark used by Target on its headphones was substantially identical or deceptively similar to Bose's registered trade mark for "Bose" in relation to audio equipment, and whether the use of the mark was in relation to goods for which the Bose trade mark was registered.

Justice Murray found that the mark used by Target on its headphones was not substantially identical or deceptively similar to Bose's registered trade mark. Her Honour considered the visual and aural similarities and differences between the marks, as well as the overall commercial impression created by each. The Court concluded that the average consumer, when presented with the two marks in the relevant context, would not be deceived or confused into believing that Target's headphones were manufactured or endorsed by Bose.

Accordingly, the Court dismissed Bose's claim for trade mark infringement.