Sony Pictures Television Inc v Springboard 2000 Enterprises Inc, DBA Springboard Enterprises Inc

Sony Pictures Television Inc opposed the registration of two trade mark applications, numbers 2015137 (Figurative) and 2015138 (DOLPHIN TANK), filed by Springboard 2000 Enterprises Inc, DBA Springboard Enterprises Inc, for services in class 41. The opposition was heard by M. Cooper.

The primary legal issue before the court was whether the grounds of opposition, specifically under section 60 of the Act, had been established, thereby requiring the Registrar to refuse registration of the trade marks. The court was also required to determine the appropriate costs orders for the proceedings.

The court found that the ground of opposition under section 60 of the Act had been established. Consequently, the court refused to register both trade mark applications. In relation to costs, the court awarded costs against the Applicant (Springboard 2000 Enterprises Inc) for trade mark application 2015137, calculated according to Schedule 8 of the Trade Marks Regulations 1995 (Cth). For trade mark application 2015138, the court awarded reduced costs against the Opponent (Sony Pictures Television Inc), following the approach taken in *Hume Industries (Malaysia) Berhard v James Hardie & Coy Pty Ltd*.