The Polo/Lauren Company LP v Megan Philip and Rowena Sylvester

The Polo/Lauren Company LP (the opponent) opposed the registration of an application for a trade mark by Megan Philip and Rowena Sylvester (the applicants). The opposition was based on the opponent's registered trade marks, "Polo One" and "Polo Two," and relied on grounds of reputation under section 60 and potential conflict under section 44 of the relevant legislation. The court acknowledged that the opponent's trade marks had substantial reputations in Australia.

The primary legal issue before the court was whether the applicants' proposed trade mark should be registered, considering the opponent's established trade marks and their reputation. This involved assessing the extent to which the grounds of opposition, particularly those relating to reputation and potential confusion, were established. The court also considered the mode of use of both the opponent's and the applicants' trade marks.

The court's reasoning focused on the evidence presented regarding the opponent's extensive use and reputation of its "Polo One" and "Polo Two" trade marks in Australia since 1972. This use encompassed a wide range of goods, including clothing, small leather goods, watches, jewellery, and home furnishings, distributed through various retail channels such as stand-alone stores, "shops within shops" in major department stores, and wholesale to independent boutiques. The court noted that the opponent's trade marks had been used in connection with clothing and fashion accessories sold through these channels.

Ultimately, the court refused to register the applicants' trade mark, application number 1269272. The court awarded costs against the applicants on the official scale, acknowledging that both parties had sought costs in the event of success.