Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2)

Swancom Pty Ltd initiated legal proceedings against The Jazz Corner Hotel Pty Ltd and two associated companies, contesting the use of the “Corner Hotel” and “Corner” trade marks by the respondents for live music services. The case was heard by the Federal Court of Australia, which was tasked with determining the validity and infringement of these trade marks under the Trade Marks Act 1995 (Cth). The central legal issues involved whether Swancom’s claims of trade mark infringement were substantiated and if the registered trade marks of the respondents were validly registered and not likely to deceive or cause confusion. The court also had to consider whether the respondents’ use of the trade marks was in good faith and whether Swancom was entitled to registration or cancellation of the trade marks in question.

In its decision, the court found that the respondents’ use of the “Corner Hotel” and “Corner” marks for live music services did not infringe on Swancom’s trade marks. The court reasoned that the marks were not deceptively similar, and that the respondents' use of the marks was not likely to deceive or cause confusion. The court further determined that the respondents were entitled to use the marks in good faith to indicate a characteristic of their services and that Swancom had not demonstrated sufficient grounds for cancellation or amendment of the respondents' trade marks. Consequently, the court dismissed Swancom’s application for trade mark infringement and cancellation, while allowing the respondents to maintain their use of the contested trade marks for live music services. The court provided further instructions for the respondents to file a notice regarding their cross-claim concerning the “CORNER” and “THE CORNER” marks and set a timetable for the resolution of the remaining issues, including costs.