Peter G Brock Pty Ltd v Darrel McLean

This matter concerned an opposition to a trade mark application brought by Darrel McLean (the Opponent) against Peter G Brock Pty Ltd (the Applicant). The dispute centred on the Applicant's proposed use of the trade mark "King of the Mountain" in relation to sporting memorabilia. The decision was made by Iain Campbell Thompson.

The court was required to determine whether the Opponent had established a ground of opposition under section 43 of the relevant Act. This section concerns the prevention of deception or confusion in relation to goods or services. The court considered the relevant date for assessing this ground to be the filing date of the opposed application.

The court reasoned that the expression "King of the Mountain" was widely known to connote the late racing driver Peter Brock, particularly among motorsports enthusiasts and many Australians. Evidence, including a declaration from Mr Franklin and supporting online resources, established this widespread recognition. In the context of sporting memorabilia, the court found that the use of this mark would imply an endorsement or licensing by Peter Brock's eponymous company. Consequently, the court concluded there was a reasonable likelihood of deception or confusion among the public, leading them to believe there was sponsorship or endorsement by the Opponent.