SOCIÉTÉ Des Produits NestlÉ SA & Anor v Christian & Anor (No.4)

Société Des Produits Nestlé SA and another (the applicants) brought proceedings against Christian and another (the respondents) for alleged infringement of registered trademarks. The dispute concerned whether the word and logos used by the respondents were deceptively similar to the applicants' registered trademarks. The matter came before Manousaridis J in the Federal Court of Australia.

The primary legal issues before the court were whether the respondents' use of their marks constituted infringement of the applicants' registered trademarks, and specifically, whether the markets in which the claimed infringing marks and registered trademarks were used were relevant to the determination of deceptive similarity.

His Honour considered the principles of deceptive similarity under the *Trade Marks Act 1995* (Cth), focusing on the overall impression of the marks and the likelihood of confusion among consumers. The court analysed the visual, aural, and conceptual similarities between the respective marks. The relevance of the respective markets was considered in the context of whether such market differences would negate the likelihood of deception or confusion.

The court found that the respondents' marks were deceptively similar to the applicants' registered trademarks and that infringement had occurred. Orders were made accordingly.