New South Wales Dairy Corporation v Murray Goulburn Co-operative Company Limited

The case of *New South Wales Dairy Corporation v Murray Goulburn Co-operative Company Limited* was heard in the High Court of Australia. The dispute concerned the registration of a trade mark.

The central legal issue before the court was whether the use of the trade mark "MOO" in connection with flavoured milk was likely to deceive or cause confusion, thereby contravening section 28(a) of the relevant legislation. This section prohibits the registration of a mark if its use is likely to deceive or cause confusion.

The court considered the appellant's argument that the aural similarity between the mark "MOO" and the appellant's established mark "MOOVE," which had been used and promoted in connection with flavoured milk between 1978 and 1988, would lead to confusion. The appellant contended that the use of "MOO" would suggest the appellant's mark and product, thereby infringing upon the reputation and goodwill established by "MOOVE." The court also examined the historical context of the trade mark's registration and use.