Campomar Sociedad, Limitada & Anor v Nike International

Campomar Sociedad, Limitada and another sought leave to appeal to the High Court of Australia from a decision of the Full Federal Court. The dispute concerned the alleged infringement of Nike International's trade mark "NIKE" and associated logos by the use of the mark "NIKE" by Campomar in relation to sportswear and footwear. The primary issue was whether the use of the mark by Campomar was likely to deceive or cause confusion among consumers, thereby infringing Nike International's registered trade marks.

The High Court was required to determine whether the Full Federal Court had erred in its assessment of the likelihood of deception or confusion. Specifically, the court considered the principles governing the assessment of trade mark infringement under the *Trade Marks Act 1954* (Cth), particularly the test for whether a mark is "deceptively similar" to a registered trade mark. This involved an examination of the degree of resemblance between the marks and the nature of the goods in respect of which they were used.

Gummow J, in chambers, considered the arguments for and against granting leave to appeal. The central question was whether there was a reasonably arguable case of error by the Full Federal Court in its application of the relevant trade mark law. The judge's decision on leave would depend on whether the appeal raised a question of law of general public importance or whether there was a reasonably arguable ground of appeal.