Comite International Olympique v Temptitng Brands Netherlands BV

The International Olympic Committee (IOC) opposed the registration of a trade mark by Temptitng Brands Netherlands BV. The dispute concerned whether the proposed trade mark, when used in connection with the goods of Temptitng Brands Netherlands BV, would be likely to deceive or cause confusion. The matter was heard by Robert Wilson, a delegate of the Registrar of Trade Marks.

The primary legal issue before the court was whether the use of the proposed trade mark by the Holder would be likely to deceive or cause confusion, pursuant to section 43 of the relevant Act. This required the court to consider the reputation and standing of the IOC and the potential for consumers to infer a connection or endorsement between the IOC and the goods offered by Temptitng Brands Netherlands BV.

The court was satisfied by the evidence presented that the proposed trade mark, due to its connotation with the name Pierre de Coubertin, would likely cause purchasers to wonder whether the goods were sponsored or approved by the IOC. The IOC, as the supreme authority of the Olympic Movement, established by Pierre de Coubertin, has a significant global presence and promotes Olympic values. The court found that this established ground of opposition was sufficient to refuse the extension of protection of the trade mark to Australia.

Consequently, the delegate of the Registrar refused to extend protection of the Holder's trade mark to Australia. The court also awarded costs against the Holder in favour of the IOC, following the general rule that costs follow the event.