Bride and Ors v Anglo Australian Foods and Ors

The applicants, Bride and others, sought to restrain the respondents, Anglo Australian Foods and others, from continuing to use the name "Golden Cockerel" in relation to their poultry products. The applicants claimed that this use infringed their registered trade mark, which also featured a golden cockerel device and the words "Golden Cockerel". The dispute came before the High Court of Australia.

The central legal issue before the High Court was whether the respondents' use of the name "Golden Cockerel" constituted an infringement of the applicants' registered trade mark under the relevant provisions of the Trade Marks Act 1995 (Cth). This involved determining whether the respondents' mark was deceptively similar to the applicants' registered mark, and whether the goods in respect of which the respondents used their mark were of the same description as those for which the applicants' mark was registered.

The High Court considered the principles of deceptive similarity, noting that it required an assessment of whether an ordinary consumer, exercising ordinary care and attention, would be likely to be confused or deceived into believing that the respondents' goods originated from the proprietors of the registered trade mark. The Court examined the visual and phonetic similarities between the marks, as well as the nature of the goods. The Court found that the respondents' use of the name "Golden Cockerel" was likely to cause confusion and therefore infringed the applicants' trade mark.

The High Court ordered that the respondents be restrained from using the name "Golden Cockerel" in relation to their poultry products and awarded costs to the applicants.