Lasernett Pty Ltd v Hewlett-Packard Company

Lasernett Pty Ltd (the applicant) sought to restrain Hewlett-Packard Company (the respondent) from infringing its registered trade mark, "LASERNET", used in relation to computer printers and related goods. The applicant alleged that the respondent's use of the mark "HP LASERJET" in relation to similar goods constituted trade mark infringement and passing off. The matter came before Ian Thompson in the Federal Court of Australia.

The primary legal issues before the Court were whether the respondent's mark "HP LASERJET" was deceptively similar to the applicant's registered trade mark "LASERNET" for the purposes of section 120(1) of the Trade Marks Act 1995 (Cth), and whether the respondent had engaged in conduct likely to mislead or deceive the public as to the connection between the goods and the applicant, contrary to section 52 of the Trade Practices Act 1974 (Cth) (now Competition and Consumer Act 2010 (Cth)).

In determining the issue of deceptive similarity, the Court applied the established principles of comparison, considering the visual, aural, and conceptual similarities between the marks. The Court noted that while both marks contained the word "LASER", the addition of "NET" to the applicant's mark and "HP" and "JET" to the respondent's mark created sufficient differences to avoid a finding of deceptive similarity. The Court found that the overall impression of the marks was distinct, and that consumers were unlikely to be confused into believing that the respondent's goods originated from or were connected with the applicant. Consequently, the Court also found no basis for the passing off claim.

The application was dismissed.