Davide Campari-Milano SpA v Perfection Fresh Australia Pty Ltd

The dispute before the Federal Court of Australia concerned an opposition to the registration of a trade mark. The applicant, Perfection Fresh Australia Pty Ltd, sought to register the trade mark "CAMPARI" in relation to fresh fruit and vegetables. The opponent, Davide Campari-Milano SpA, opposed this registration.

The court was required to determine whether the applicant's proposed use of the trade mark "CAMPARI" for fresh fruit and vegetables would be likely to deceive or cause confusion, contrary to sections 41 and 59 of the *Trade Marks Act 1995* (Cth). This involved considering the existing use of the CAMPARI trade mark by the opponent and the nature of the goods for which registration was sought.

The court found that the opponent, Davide Campari-Milano SpA, is a merchant of an alcoholic beverage sold under the CAMPARI trade mark. Evidence established that this beverage is an ingredient in cocktails, which may also contain fruit or vegetables. The court accepted that the applicant is a fruit and vegetable merchant. Given the opponent's established use of the CAMPARI trade mark in relation to a beverage often consumed with fruit and vegetables, and the applicant's proposed use of the same mark for fruit and vegetables, the court concluded that there was a likelihood of deception or confusion. The opposition was therefore established under sections 41 and 59 of the Act.