Buttress BV v Lancome Parfums Et Beaute & Cie

Buttress BV (the applicant) sought to restrain Lancome Parfums Et Beaute & Cie (the respondent) from infringing its registered trade mark. The dispute concerned the use of the trade mark "BUTTRESS" in relation to cosmetic products, specifically perfumes and skincare. The application was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the respondent's use of the trade mark "BUTTRESS" on its products constituted an infringement of the applicant's registered trade mark. This involved a consideration of whether the marks were substantially identical or deceptively similar, and whether the goods in respect of which the marks were used were of the same description.

The Court applied the principles of trade mark infringement as set out in the *Trade Marks Act 1995* (Cth). It was necessary to compare the marks visually, aurally, and conceptually. The Court considered the overall impression created by each mark, taking into account the goods for which they were used. The applicant contended that the respondent's use of "BUTTRESS" was likely to deceive or cause confusion among consumers, thereby infringing its exclusive rights.

The Court found that the marks were not substantially identical and that there was no deceptive similarity. Consequently, the Court dismissed the application for an interlocutory injunction.