Louis Vuitton Malletier v WinWorld Australia Pty Ltd

Louis Vuitton Malletier (LV) commenced proceedings against WinWorld Australia Pty Ltd (WinWorld) in the Federal Court of Australia, alleging that WinWorld had infringed LV's registered trade marks. LV sought an injunction to restrain WinWorld from using the impugned trade marks and an order for an account of profits.

The primary legal issue before the Court was whether WinWorld's use of the trade marks constituted an infringement of LV's registered trade marks under the *Trade Marks Act 1995* (Cth). This involved determining whether the marks used by WinWorld were identical or deceptively similar to LV's registered marks, and whether WinWorld's use was in relation to goods or services for which the LV trade marks were registered.

Justice McDonagh considered the principles of trade mark infringement, particularly the test for deceptive similarity. The Court analysed the visual and aural similarities between the marks, as well as the conceptual similarities. It also examined the goods and services offered by WinWorld and compared them to those for which LV's trade marks were registered. The Court found that WinWorld's use of the trade marks was likely to cause confusion among consumers as to the origin of the goods and services, thereby infringing LV's registered rights.

The Court ordered that WinWorld be restrained from using the infringing trade marks and ordered an account of profits.