Sportsbet Pty Ltd

This matter concerned an application by Sportsbet Pty Ltd for registration of the trade mark QUADDIE RESCUE in classes 9 and 41. The application was opposed by Racing Victoria Ltd. The hearing officer's decision to refuse registration was appealed to the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark QUADDIE RESCUE was deceptively similar to the opponent's registered trade mark QUADDIE, and whether the applicant's mark was likely to deceive or cause confusion. Specifically, the Court had to consider the application of section 44 of the *Trade Marks Act 1995* (Cth), which deals with the registration of trade marks that are deceptively similar to earlier trade marks.

Justice Tracey Berger found that the word "QUADDIE" was the distinctive and essential feature of both the applicant's proposed mark and the opponent's registered mark. While the addition of "RESCUE" to the applicant's mark might suggest a particular service, the Court determined that the common element "QUADDIE" was sufficiently prominent and distinctive to create a real chance of deception or confusion among consumers. The Court reasoned that the average consumer, when encountering the mark QUADDIE RESCUE, would likely associate it with the existing and well-known QUADDIE mark, potentially leading them to believe there was a connection between the services offered by Sportsbet and Racing Victoria.

The appeal was dismissed, and the Court affirmed the hearing officer's decision to refuse the registration of the trade mark QUADDIE RESCUE.