Taylor v. Killer Queen LLC & Ors

Lower Court Judgment

22/11/2024 Federal Court of Australia (Yates, Burley and Rofe JJ)

[2024] FCAFC 149

Catchwords

Trade marks – Infringement – Defence to infringement – Where infringing mark is deceptively similar to the registered mark – Whether person using the infringing mark would obtain registration – Honest concurrent use – Whether concurrent use established – Whether honest use established – Cancellation – Whether, because of reputation in prior mark, use of the registered mark would be likely to deceive or cause confusion – Where ground of cancellation established – Whether discretion should be exercised not to cancel the registration of the registered mark.