Kabushiki Kaisha MoonStar v Converse Inc

Kabushiki Kaisha MoonStar (MoonStar) sought to register a trade mark consisting of a star device for use on footwear. Converse Inc (Converse), the owner of registered trade marks for footwear featuring a star device, opposed the registration. The matter proceeded to the Federal Court of Australia.

The primary legal issue before the Court was whether MoonStar's proposed trade mark was substantially identical with or deceptively similar to Converse's registered trade marks, pursuant to section 44 of the *Trade Marks Act 1995* (Cth). This involved an assessment of the visual and conceptual similarities between the marks, considering the goods for which they were to be used.

Justice Greenwood found that the star devices, while both stars, possessed distinct differences in their internal configurations and overall presentation. The Court applied the principles of deceptive similarity, which require a consideration of the overall impression of the marks, the degree of similarity, and the likelihood of confusion among consumers. His Honour concluded that the differences between the marks were sufficient to prevent a finding of substantial identity or deceptive similarity, particularly when considering the specific nuances of each design.

Consequently, the Court ordered that MoonStar's trade mark application be accepted for registration.