Wilden Pty Ltd v Greenco Pty Ltd

Wilden Pty Ltd (the applicant) sought to restrain Greenco Pty Ltd (the respondent) from infringing its trade mark. The applicant alleged that the respondent had used a logo that was deceptively similar to its registered trade mark, thereby infringing its exclusive rights under the *Trade Marks Act 1995* (Cth). The matter came before the Federal Court of Australia.

The primary legal issue before the court was whether the respondent's logo was deceptively similar to the applicant's registered trade mark. This required the court to consider the degree of visual and phonetic resemblance between the two marks, as well as the overall commercial impression they created in the minds of the relevant consumers. The court also had to assess whether the goods or services for which the marks were used were similar or related, as this is a crucial factor in determining trade mark infringement.

Gaudron and Kirby JJ applied the established principles for assessing deceptive similarity in trade mark law. They considered the marks as a whole, rather than dissecting them into their component parts. The court noted that the test for deceptive similarity is an objective one, focusing on the likelihood of deception or confusion among ordinary members of the public. They found that while there were some differences between the logos, the overall impression conveyed by the respondent's mark was sufficiently similar to the applicant's registered trade mark to cause a likelihood of deception or confusion in the marketplace. The court also found that the goods offered by both parties were sufficiently similar to warrant protection.

The court therefore found that the respondent had infringed the applicant's trade mark and granted an injunction restraining the respondent from further use of the offending logo.