Trade marks – Rectification of Register of Trade Marks under Trade Marks Act 1995 (Cth) – Where appellant registered owner of trade mark "Katie Perry" in class 25 (clothes) from 29 September 2008 ("priority date") – Where second respondent known as Katy Perry is famous pop star – Where respondents sought rectification of Register by cancelling "Katie Perry" trade mark – Whether use of "Katie Perry" trade mark at priority date likely to deceive or cause confusion due to reputation of pop star's trade mark – Whether use of "Katie Perry" trade mark at time of application for rectification likely to deceive or cause confusion because of circumstances at that time – Whether discretion not to rectify Register under Act enlivened.
Words and phrases – "acquired a reputation", "act or fault", "actual use", "assiduous infringer", "blameworthy conduct", "cancelling the registration of a trade mark", "deceptively similar", "fashion designer", "lack of evidence", "likely to deceive or cause confusion", "material error", "merchandise", "normal and fair use", "notional use", "pop star", "priority date", "real and tangible danger", "rectification", "reputation", "trade mark", "undue weight", "wrongful conduct".
Trade Marks Act 1995 (Cth), ss 60, 88(1), 88(2)(a), 88(2)(c), 89.