Jackson Family Farms, LLC and Jackson Family Wines, Inc v Grands Domaines Du Littoral

Jackson Family Farms, LLC and Jackson Family Wines, Inc (the Opponent) opposed the extension of protection of an International Registration of a Design (IRDA) to Australia by Grands Domaines Du Littoral (the Holder). The opposition was brought under regulation 17A.33 of the *Trade Marks Act 1995* (Cth), with grounds including sections 42, 44, 58A, 58, and 60 of the Act. The decision was made by the Registrar.

The primary legal issue before the Registrar was whether any of the grounds of opposition had been established, thereby preventing the extension of protection of the IRDA to Australia. Specifically, the Registrar was required to determine the extent to which the grounds of opposition were made out and, consequently, whether to refuse protection entirely, extend it partially, or extend it with conditions.

The Registrar found that the Opponent had successfully established the ground of opposition pursuant to section 44 of the *Trade Marks Act 1995*. As a result, the Registrar refused to extend protection of the IRDA to Australia in its entirety. The Registrar also ordered that costs follow the event, awarding costs against the Holder in accordance with section 221 of the Act and the amounts specified in Schedule 8 of the Regulations.