Louis Vuitton Malletier v Mark Peter Woods and Bruce Peter Woods

Louis Vuitton Malletier (LV) commenced proceedings against Mark Peter Woods and Bruce Peter Woods (the Woods) in the Federal Court of Australia, alleging that the Woods had infringed LV's registered trade marks. LV sought an injunction and damages. The dispute concerned the sale of counterfeit Louis Vuitton branded goods by the Woods.

The primary legal issue before the Court was whether the Woods had infringed LV's registered trade marks, specifically trade mark registration numbers 1300000 and 1300001, by using identical or deceptively similar marks on goods sold by them. The Court was required to determine if the use of these marks by the Woods constituted a contravention of section 120 of the *Trade Marks Act 1995* (Cth).

Justice Goldsworthy found that the Woods had indeed infringed LV's registered trade marks. His Honour reasoned that the goods sold by the Woods bore marks identical to LV's registered trade marks and that these marks were used in relation to goods for which the trade marks were registered. The Court applied the principles established in trade mark law, which prohibit the unauthorised use of registered trade marks on identical or similar goods or services, thereby causing a likelihood of deception or confusion among consumers. The Court concluded that the Woods' actions were a clear contravention of the *Trade Marks Act 1995* (Cth).

The Court ordered that the Woods be permanently restrained from infringing LV's trade marks. Further, the Court ordered that the Woods pay LV's costs of the proceeding.