Sandro Bottega v Ace of Spades Holdings, LLC

Sandro Bottega (the Holder) sought an extension of protection for its trade mark, and Ace of Spades Holdings, LLC (the Opponent) opposed this application. The dispute concerned the grounds for opposition under various sections of the *Trade Marks Act 1995* (Cth), including sections 42(b), 43, 58, 60, and 62A, and the relevant date for determining these rights was the "Relevant Date." The evidence presented included details of the Holder's sales and promotion of gold and pink bottles of champagne in Australia since 2009 and 2010 respectively, along with various international marketing materials and trade mark registrations.

The court was required to determine whether any of the grounds of opposition raised by Ace of Spades Holdings, LLC were established. Specifically, the court had to assess whether the evidence supported claims of misrepresentation, deceptive or misleading conduct, or other grounds for opposition under the *Trade Marks Act 1995* (Cth). The court also considered the power to revoke an acceptance of an application for extension of protection.

The court found that the Opponent had not established any of the grounds of opposition it had nominated. Consequently, the court determined that an extension of protection should be granted. The court also noted that it had no power to revoke an acceptance of protection. In relation to costs, the court awarded costs against the Opponent, finding that while the Holder's request to amend an endorsement was late, it did not significantly prejudice the Opponent.