Fame Decorator Agencies v Jeffries Industries

Fame Decorator Agencies Pty Ltd (the applicant) sought to restrain Jeffries Industries Pty Ltd (the respondent) from infringing its registered trade mark, "Fame Decorator Agencies" and the device mark associated with it. The applicant alleged that the respondent's use of the name "Jeffries Fame" and a similar device mark constituted a breach of section 120(1) of the *Trade Marks Act 1995* (Cth). The matter came before Gaudron and McHugh JJ of the High Court of Australia.

The central legal issue before the High Court was whether the respondent's use of the mark "Jeffries Fame" was likely to deceive or cause confusion among consumers, thereby infringing the applicant's registered trade marks. This required the court to consider the application of section 120(1) of the *Trade Marks Act 1995* (Cth), which prohibits the use of a trade mark in relation to goods or services for which it is registered if that use is likely to deceive or cause confusion.

Gaudron and McHugh JJ applied the principles established in cases concerning trade mark infringement, particularly the test for deceptive or confusing similarity. They considered the visual and phonetic similarities between the respective marks, as well as the nature of the goods or services in relation to which the marks were used. The court found that the respondent's use of "Jeffries Fame" was not likely to deceive or cause confusion in the minds of the relevant public, given the distinctiveness of the word "Jeffries" and the overall differences in the presentation and context of the two marks.

The High Court therefore dismissed the applicant's appeal and affirmed the decision of the Full Federal Court.