Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd & Anor

The High Court of Australia considered a dispute between Self Care IP Holdings Pty Ltd and its related entities (the appellants) and Allergan Australia Pty Ltd and its related entities (the respondents). The core of the dispute concerned the alleged infringement of registered trade marks by the respondents in relation to their product "Restylane" dermal fillers. The appellants sought to restrain the respondents from using the trade marks in connection with the sale and promotion of these products.

The High Court was required to determine whether the respondents' use of the "Restylane" mark constituted trade mark infringement under the *Trade Marks Act 1995* (Cth). Specifically, the court had to consider whether the use of the mark was "in the course of trade" and whether it was "in relation to goods or services" for which the appellants' registered trade marks were registered. A further issue was whether the respondents' use was likely to deceive or cause confusion among consumers as to the origin of the goods.

In their reasoning, Kiefel CJ and Edelman J applied established principles of trade mark law. They emphasised that for infringement to occur, the impugned use must be in relation to goods or services that are identical or similar to those for which the trade mark is registered. The court analysed the nature of the respondents' business and the way in which the "Restylane" product was marketed and sold. The judges concluded that the respondents' use of the mark was indeed in the course of trade and in relation to goods that were similar to those covered by the appellants' registrations, and that this use was likely to cause confusion.

The High Court allowed the appeal, finding that the respondents had infringed the appellants' registered trade marks. The court ordered that the respondents be restrained from using the trade marks in relation to their dermal filler products.