Council of the City of Shellharbour v Bright Events Pty Ltd

The Council of the City of Shellharbour (the Applicant) sought to register a composite mark for its air show event. Bright Events Pty Ltd (the Opponent) opposed this registration. The matter came before the court for determination.

The central legal issue was whether the Applicant's proposed use of the composite mark, which incorporated elements of the Opponent's registered trade mark, was likely to deceive or cause confusion among the public, thereby infringing the Opponent's rights under section 60 of the relevant Act. This involved considering the potential for the composite mark to be used in relation to air shows other than the specific event for which the Applicant was currently authorised.

The court reasoned that the composite mark, by reproducing elements of the Opponent's trade mark and including local imagery relevant to air shows, could lead consumers to believe that an air show operated under the composite mark originated from the same source as the air show operated under the Opponent's trade mark. This was particularly relevant given that the Applicant's authorisation to operate its event was not perpetual. Consequently, the court found that the use of the composite mark was likely to deceive or cause confusion, establishing the ground of opposition under section 60 of the Act.