Re Opposition by Luxottica Group SpA to registration of trade mark application 1827778 (9) ROGUE Eyewear in the names of Anthony Ghosen and Tiger Vision Pty Ltd

The dispute before the court concerned an opposition by Luxottica Group SpA to the registration of the trade mark application 1827778, "ROGUE Eyewear," filed by Anthony Ghosen and Tiger Vision Pty Ltd. The decision was made by Robert Wilson.

The primary legal issue was whether the grounds of opposition nominated by Luxottica Group SpA had been established, thereby requiring the Registrar to refuse the trade mark application.

The court found that the Opponent had failed to establish any of the grounds of opposition it had nominated. Accordingly, pursuant to section 55 of the Act, the Registrar was directed to allow the application to proceed to registration one month from the date of the decision, unless an appeal was filed, in which case registration would be stayed pending the outcome of the appeal. The Applicants were awarded costs against the Opponent.