Fendi Adele Srl v Fox-Wizel Pty Ltd

Fendi Adele Srl (Fendi) sought to prevent Fox-Wizel Pty Ltd (Fox-Wizel) from using the Fendi trade mark in relation to clothing and accessories. Fendi argued that Fox-Wizel's use of the mark constituted trade mark infringement and misleading and deceptive conduct under the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). The matter came before Terry Williams J in the Federal Court of Australia.

The primary legal issues before the court were whether Fox-Wizel had infringed Fendi's registered trade mark for the word "FENDI" and whether Fox-Wizel's conduct was misleading or deceptive in contravention of the *Trade Practices Act 1974*. Specifically, the court had to determine if the goods sold by Fox-Wizel were of the same description as those for which Fendi's trade mark was registered, and if there was a likelihood of deception or confusion among consumers.

Justice Williams found that Fox-Wizel had infringed Fendi's trade mark. His Honour reasoned that the goods sold by Fox-Wizel, namely clothing and accessories, were of the same description as those for which Fendi's trade mark was registered. Furthermore, the court determined that the use of the "FENDI" mark by Fox-Wizel was likely to deceive or cause confusion as to the origin of the goods, thereby constituting both trade mark infringement and misleading or deceptive conduct. The court granted an injunction restraining Fox-Wizel from further infringing Fendi's trade mark and ordered that Fox-Wizel pay Fendi's costs.