Lion Nathan Australia Pty Limited v eAgency Pty Limited

The dispute before the Federal Court of Australia concerned a trade mark application by eAgency Pty Limited, opposed by Lion Nathan Australia Pty Limited. The Registrar of Trade Marks had refused to register the trade mark application.

The primary legal issue before the Court was whether the opponent, Lion Nathan Australia Pty Limited, had met the onus of proof in relation to the grounds of opposition argued at the hearing, specifically under section 60 of the relevant Act.

The Court found that the opponent had successfully discharged its burden of proof concerning the grounds of opposition under section 60. Consequently, the Court refused to register trade mark application 1225485. The Court also awarded costs against the unsuccessful applicant, eAgency Pty Limited, in accordance with the usual principle that costs follow the event.