Seven Network (Operations) Limited v Giorgio Armani SPA, Milan, Swiss Branch Mendrisio

Seven Network (Operations) Limited (Seven) and Giorgio Armani SPA, Milan, Swiss Branch Mendrisio (Armani) were the parties involved in proceedings before the Federal Court of Australia. The dispute concerned the alleged infringement of Seven's registered trade mark "7NEWS" by Armani's use of the stylised numeral "7" in its advertising and promotional materials in Australia. Seven sought an injunction and damages for trade mark infringement and misleading or deceptive conduct.

The primary legal issues before the Court were whether Armani's use of the stylised "7" constituted trade mark infringement under the *Trade Marks Act 1995* (Cth) and whether such use amounted to misleading or deceptive conduct in contravention of the *Australian Consumer Law*. Specifically, the Court had to determine if there was a likelihood of confusion or deception among consumers, leading them to believe that Armani's goods or services were associated with or endorsed by Seven, given Seven's established use of "7NEWS" for news and current affairs services.

Justice Murray found that Armani's use of the stylised "7" did not infringe Seven's registered trade mark. Her Honour reasoned that the visual and conceptual differences between the parties' respective marks, when considered in the context of their respective goods and services, were significant. The Court concluded that there was no substantial risk of deception or confusion among the relevant public, and therefore, no contravention of the *Trade Marks Act* or the *Australian Consumer Law*.