Callico LLC v Calico Global Pty Ltd

This matter concerned a trade mark opposition brought by Calico Global Pty Ltd (the Opponent) against an application by Callico LLC (the Applicant) for the trade mark CALICO. The dispute arose from the Applicant's trade mark application filed on 26 September 2013, which the Opponent sought to have removed from the register. The Opponent contended that the Applicant's application was made in bad faith, relying on grounds under section 62A of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the court was whether the Applicant's trade mark application was made in bad faith. This required an assessment of the Applicant's intentions and conduct at the time of filing the application, particularly in light of the Opponent's prior and contemporaneous activities in the health and wellness sector, including the launch of a new venture under the name "Calico" and related press releases. The court was required to determine if the Applicant's actions were unconscientious or fell short of ordinary commercial standards.

The court found that the Applicant's application was made in bad faith. It reasoned that the Applicant was aware of the Opponent's imminent launch and the nature of its business, which included medical research and drug discovery, prior to filing its own application. The Applicant's subsequent broad application for "research services," without qualification, was deemed excessive and indicative of an intention to impede the Opponent's plans rather than to genuinely protect its own legitimate business interests. The court noted that even if the application was made impulsively or on poor legal advice, it still constituted an act of bad faith as a reasonable person would have understood the scope of the application to be inappropriate.

Consequently, the court upheld the opposition and ordered that the Applicant's trade mark application be refused. The Opponent was awarded costs against the Applicant.