United Distillers & Vintners (Aust) Limited v Zakrytoye Aktionernoyne Obschestvo "Moskovskiy Pivo-Bezalkogolnyi Kombinat "Ochakovo"

United Distillers & Vintners (Aust) Limited (UDV) sought to prevent Zakrytoye Aktionernoyne Obschestvo "Moskovskiy Pivo-Bezalkogolnyi Kombinat "Ochakovo" (Ochakovo) from registering a trade mark for a beer product. The dispute concerned the potential for confusion between Ochakovo's proposed mark and UDV's existing registered trade mark for "STOLICHNAYA" vodka. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the registration of Ochakovo's trade mark should be opposed on the grounds that it was likely to cause confusion with UDV's registered trade mark. This involved an assessment of the degree of similarity between the marks, the similarity of the goods in respect of which the marks were used, and the overall likelihood of deception or confusion among consumers.

The Court considered the visual and phonetic similarities between the two trade marks, as well as the nature of the goods. It noted that while both marks contained the word "STOLICHNAYA" or a similar transliteration, the overall impression of the marks, when considered in conjunction with the different types of alcoholic beverages (vodka versus beer), was unlikely to lead to deception or confusion in the marketplace. The Court applied the principles of trade mark law concerning the likelihood of confusion, emphasizing that the marks must be considered as a whole and in the context of their respective goods.

The Court dismissed UDV's opposition to the registration of Ochakovo's trade mark.