Roman Kovac T/a Church of London Handbags and Outback Leather v Oroton Pty Limited

Roman Kovac T/a Church of London Handbags and Outback Leather (the applicant) sought to register a trade mark, but this was opposed by Oroton Pty Limited (the opponent). The matter came before the court for determination.

The primary legal issue was whether the applicant's proposed trade mark should be refused registration under section 28(a) of the relevant legislation. This section concerns marks that are deceptive or likely to deceive or cause confusion.

The court considered that the applicant's mark was strikingly similar to the opponent's well-known mark and that the applicant had adopted its mark and applied it to its goods in a manner that was also very similar to the opponent's use. The court found that the applicant was aware of the opponent's mark and its reputation, and that there was a clear element of copying, not only of the mark itself but also of the "Australian" atmosphere generated by the opponent's sales promotion. The court noted that while section 28(a) did not strictly require proof of blameworthy conduct, the applicant's actions in this regard were evident and supported the refusal of the mark.