Look Cycle International v Look Bike Pty Ltd

This matter concerned an opposition by Look Cycle International to the registration of a trade mark by Look Bike Pty Ltd. The opposition was brought under section 44 of the *Trade Marks Act 1995* (Cth), which requires that the opposed application cover goods similar to those covered by the opponent's registered trade marks, and that the opposed mark be substantially identical with or deceptively similar to the opponent's marks. The court was required to determine whether the opposed application should be refused on these grounds.

The court considered whether the goods covered by the opposed application were similar to those covered by Look Cycle International's registered trade marks, and whether the opposed mark was substantially identical with or deceptively similar to the opponent's marks. In assessing these issues, the court referred to the principles established in *Registrar of Trade Marks v Woolworths Ltd*, noting that it is not always necessary to dissect the two issues into discrete conclusions, but rather to make one practical judgment as to whether the use of the opposed mark is likely to deceive or cause confusion among a significant number of potential consumers. The court also highlighted that an adverse finding under section 44 does not depend on any fault by the applicant, and that the terms "to deceive" and "to cause confusion" relate to the effect of the mark on prospective purchasers, with "deceived" implying the creation of an incorrect belief and "confusion" extending to perplexing or mixing up the minds of the purchasing public.