NCL Corporation Ltd v Norwegian Brand Ltd

NCL Corporation Ltd opposed the extension of protection to two international registrations designating Australia, held by Norwegian Brand Ltd. The dispute concerned the registration of the trade marks NORWEGIAN.COM JOHAN LUDVIG RUNEBERG FINLAND'S NATIONAL POET with device and NORWEGIAN.COM with device, both sought for use in classes 16, 35, 38, 39, and 43. The matter was heard by Nicholas Barbey.

The court was required to determine whether the trade marks should be registered, specifically considering whether they were distinctive and not deceptive or misleading. The opposition was based on grounds including that the marks were not capable of distinguishing the services of Norwegian Brand Ltd from the services of others, and that their use would be likely to deceive or cause confusion.

In reaching its decision, the court analysed the inherent distinctiveness of the proposed marks. It considered the descriptive nature of the word "Norwegian" in relation to certain goods and services, and the potential for the inclusion of "Johan Ludvig Runeberg Finland's National Poet" to be perceived as a factual statement rather than an indicator of trade origin. The court applied principles of trade mark law concerning distinctiveness and the prohibition of deceptive or misleading marks.