Lee Cooper Group Plc v Levi Strauss & Co

The dispute before the Federal Court of Australia concerned an application by Lee Cooper Group Plc for the registration of a trade mark, opposed by Levi Strauss & Co. The opposition was based on grounds including that the proposed mark was substantially identical with or deceptively similar to existing registered trade marks owned by Levi Strauss & Co, and that the applicant had not established that the mark was distinctive.

The primary legal issue before the Court was whether the proposed trade mark for "LEE COOPER" in relation to clothing was substantially identical with or deceptively similar to the registered trade mark "LEVI'S" and other related marks owned by Levi Strauss & Co. This involved an assessment of the visual, aural, and conceptual similarities between the marks, as well as the respective goods and services for which they were registered and sought to be registered.

The Court applied the established principles for assessing trade mark similarity, including the "imperfect recollection" test and the consideration of the "essential features" of the marks. It was held that while both marks contained the common word "LEE", the overall impression created by the marks, when considered in their entirety and in relation to the goods, was not one of substantial identity or deceptive similarity. The Court found that the distinctiveness of the respective marks, particularly the well-known nature of "LEVI'S", played a significant role in differentiating the two. The Court also considered the evidence of trade usage and consumer perception.