Unilever Plc v Beverly Jean Pickett

Unilever Plc (the appellant) appealed to the Full Court of the Federal Court of Australia against a decision of a single judge that found it had infringed the trademark of Beverly Jean Pickett (the respondent). The dispute concerned the use of the trademark "Sun" in relation to laundry detergents. The respondent, who had registered the trademark "Sun" for laundry detergents in 1987, alleged that the appellant's use of the "Sun" mark on its own laundry detergent products, launched in 2007, constituted an infringement of her registered trademark.

The Full Court was required to determine whether the appellant's use of the "Sun" mark was likely to cause confusion or deception among consumers, thereby infringing the respondent's registered trademark under section 120 of the *Trade Marks Act 1995* (Cth). This involved assessing the degree of similarity between the marks, the similarity of the goods in respect of which the marks were used, and the overall circumstances of the use of the marks, including the reputation of the respondent's mark.

The Court reasoned that the marks were identical and the goods were the same. It then considered the evidence of the respondent's use of her mark, which had been in continuous use since 1987 and had acquired a significant reputation in the market. The Court found that the appellant's launch of its "Sun" detergent, despite its own established brands, was likely to cause confusion and deception, leading consumers to believe that the appellant's product was either made by, or associated with, the respondent. The Court applied the established principles of trademark infringement, focusing on the likelihood of deception or confusion in the marketplace.

The appeal was dismissed, and the orders of the single judge were affirmed.