Laverana GmbH & Co. KG v Lalisse Australia Pty Ltd

Laverana GmbH & Co. KG (Laverana) sought interlocutory relief against Lalisse Australia Pty Ltd (Lalisse) in the Federal Court of Australia. Laverana, the owner of the trade mark 'lavera', alleged that Lalisse's use of the trade mark 'LALISSE' in relation to cosmetic products infringed Laverana's registered trade mark. Laverana sought an injunction to restrain Lalisse from using the 'LALISSE' mark and an order for the delivery up of infringing goods.

The primary legal issue before the Court was whether Lalisse's use of the 'LALISSE' mark was likely to deceive or cause confusion among consumers, thereby infringing Laverana's registered trade mark 'lavera' under section 120(1) of the *Trade Marks Act 1995* (Cth). This involved an assessment of the similarity of the marks, the similarity of the goods or services in relation to which the marks were used, and the distinctiveness of Laverana's mark.

Justice Irgang considered the visual and aural similarities between the marks, noting that while there were some differences, the overall impression created by the marks was sufficiently similar. Her Honour also found that the goods in question, namely cosmetic products, were identical or highly similar. Crucially, her Honour found that Laverana's mark 'lavera' possessed a significant degree of distinctiveness in the market for natural cosmetics. Applying the principles of trade mark infringement, particularly the test for likelihood of deception or confusion, Justice Irgang concluded that there was a serious question to be tried and that the balance of convenience favoured granting interlocutory relief to Laverana.

The Court ordered that Lalisse be restrained from using the 'LALISSE' mark in relation to cosmetic products pending the final determination of the proceedings.