Parmalat Australia Pty Ltd v the a2 Milk Company Limited

Parmalat Australia Pty Ltd (the Opponent) opposed the registration of an International Registration of a Designation (IRDA) by the a2 Milk Company Limited (the Holder). The dispute concerned the use of the IRDA in relation to goods in classes 29 and 30, specifically dairy products. The opposition was heard by Jock McDonagh, a delegate of the Registrar of Trade Marks.

The legal issues before the court were whether the use of the IRDA would be contrary to law under section 42(b) of the *Trade Marks Act 1995* (Cth), and whether the IRDA was likely to deceive or cause confusion under section 43 of the Act. The Opponent also relied on regulations extending these grounds to IRDAs. The onus was on the Opponent to establish these grounds on the balance of probabilities.

The court considered evidence regarding the nature of A1 and A2 beta casein proteins in milk, and the Holder's practice of using milk exclusively from cows genetically tested to produce only A2 protein. The court found that the Opponent had not established the grounds of opposition. Consequently, the Registrar decided to extend protection to the IRDA for the specified goods and services, subject to potential appeal. The Opponent was ordered to pay the costs of the Holder.