E.A. and K.R. Patterson v WRQ, Inc

In E.A. and K.R. Patterson v WRQ, Inc, the parties were the applicants, E.A. and K.R. Patterson, and the respondent, WRQ, Inc. The dispute concerned the registrability of the trade mark "DIGITAL" for goods and services in the computing field. The matter came before the court on appeal from a decision of the Registrar of Trade Marks.

The primary legal issue before the court was whether the trade mark "DIGITAL" was inherently adapted to distinguish the applicants' goods and services from those of other persons, as required by section 26(1) of the Trade Marks Act 1955 (Cth). This involved considering the ordinary signification of the word "DIGITAL" in relation to the specified goods and services.

The court reasoned that the word "DIGITAL" has a technical significance in the field of computing and related industries. It is commonly used to describe goods and services that operate using digital technology, such as digital computers, digital software, and digital communication services. Consequently, the court found that the word "DIGITAL" was descriptive of the nature of the goods and services and was not inherently adapted to distinguish the applicants' offerings from those of other traders in the same field. The appeal was dismissed.