Orlane SA v Seri Somboonsakdikul

Orlane SA (the applicant) sought to register the trade mark "ORLANE" in relation to cosmetic and skincare products. Seri Somboonsakdikul (the opponent) opposed this registration, relying on their prior use and registration of the trade mark "ORLANE" in relation to similar goods. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant's proposed trade mark was deceptively similar to the opponent's registered trade mark, such that its use would be likely to deceive or cause confusion among consumers. This involved an assessment of the visual, aural, and conceptual similarities between the two marks, as well as the nature of the goods in respect of which the marks were used.

The Court applied the established principles for assessing deceptive similarity under the *Trade Marks Act 1995* (Cth). It considered the marks as a whole, taking into account the imperfect recollection of consumers. The Court found that the marks were identical in appearance and sound, and that the goods were closely related. Consequently, the Court concluded that there was a significant likelihood of deception or confusion.

The Court upheld the opposition and ordered that the applicant's trade mark application be refused.