Unilever Australia Ltd v Karounos

Unilever Australia Ltd brought an action against Karounos and Sabre International Limited seeking cancellation of the registration of the word mark “REAL” and the word and device mark “Real Fish’n Chips” on the basis that the marks were deceptively similar to its registered marks and that the mark “REAL” was incapable of distinguishing the goods and services of the registered proprietor. Karounos and Sabre International Limited brought cross-claims against Unilever for injunctive relief and damages for alleged passing off. The case was heard in the Federal Court of Australia. The primary legal issues that the court was required to decide were whether the mark “REAL” was capable of distinguishing the goods and services of the registered proprietor, and whether Unilever’s use of the word “real” in relation to food and drink products infringed the registered marks. The court found that the word “real” was a descriptive term used in relation to food and drink products and was incapable of distinguishing the goods and services of the registered proprietor. The court also found that Unilever’s use of the word “real” did not infringe the registered marks as they were not deceptively similar. The cross-claims brought by Karounos and Sabre International Limited were dismissed. The court ordered that the registration of the word mark “REAL” and the word and device mark “Real Fish’n Chips” be cancelled, and that Unilever pay the costs of Karounos.