Jacques Waneph v Avon Products Inc

Jacques Waneph (the applicant) sought to restrain Avon Products Inc (the respondent) from continuing to use the name "Avon" in relation to its cosmetic products. The applicant, who had been using the name "Avon" for his own cosmetic business since 1958, alleged that the respondent's use of the same name constituted passing off and infringement of his trade mark. The matter came before Ian Thompson J in the Supreme Court of New South Wales.

The central legal issues before the court were whether the applicant had established a valid trade mark in the name "Avon" for cosmetic products, and whether the respondent's use of the name "Avon" amounted to passing off. Specifically, the court had to determine if the applicant's use of the name had acquired distinctiveness in the marketplace, and if there was a likelihood of deception or confusion among consumers due to the respondent's activities.

His Honour found that the applicant had not established a registered trade mark for the name "Avon" in relation to cosmetics. Furthermore, the court determined that the applicant had not sufficiently demonstrated that his use of the name had acquired sufficient distinctiveness to establish a common law trade mark or to support a claim of passing off. The evidence did not establish that consumers associated the name "Avon" exclusively with the applicant's products, nor was there a sufficient likelihood of confusion arising from the respondent's use of the name.

Consequently, the court dismissed the applicant's application for an injunction and ordered that the applicant pay the respondent's costs.