The Polo Lauren Company LP v Colin David Hill

This matter concerned an opposition by The Polo Lauren Company LP (Polo Lauren) to the registration of a trade mark application by Colin David Hill. The application sought registration for a device mark, which included the words "POLO SPORT CLOTHING AMERICA", for clothing in Class 25. Polo Lauren lodged a Notice of Opposition, initially raising eight grounds, which were later supplemented by two further grounds. The opposition was heard by a delegate of the Registrar of Trade Marks.

The legal issues before the delegate included whether the applied-for trade mark was deceptively similar to Polo Lauren's registered trade mark under section 44 of the *Trade Marks Act 1995* (Cth). Polo Lauren also raised grounds relating to deceptive similarity under section 60, whether the application was misleading or deceptive under section 43, whether the mark was likely to deceive or cause confusion under section 61, whether the mark infringed copyright under section 42(b), and whether the application was improperly amended under section 62(a).

The delegate dismissed all grounds of opposition. In relation to section 44, the delegate applied the established tests for deceptive similarity, considering the overall impression of the marks rather than focusing solely on common elements. While acknowledging that both marks contained the words "Polo Sport" and references to America, the delegate found that the prominent inclusion of "Ralph Lauren" in Polo Lauren's registered mark, and the distinct crest device in Mr Hill's applied-for mark, meant that consumers would not be deceived or confused. The delegate also considered the other grounds of opposition, including those relating to copyright infringement and improper amendment, and found them to be unsubstantiated.

Consequently, the delegate ordered that all grounds of opposition be dismissed and awarded costs to the applicant, Mr Hill.