IP round-up: Recent decisions from the courts (February 2008)

Abstract

This Supreme Court decision was an appeal from the Court of Appeal decision in Stichting Lodestar v Austin, Nichols & Co. Inc.. The decision clarifies the approach that the High Court should take on an appeal against a decision of the Commissioner of Trade Marks on registration. The case was about the registration of "WILD GEESE" as a trade mark. The Assistant Commissioner of Trade Marks initially held that Stichting Lodestar could register its "WILD GEESE" trade mark and that the mark was not deceptive or too similar to Austin, Nichols & Co Inc's "WILD TURKEY" trade mark. Austin, Nichols appealed to the High Court, and Gendall J allowed the appeal and refused registration. Stichting Lodestar successfully appealed to the Court of Appeal which granted the applications for registration. Austin, Nichols appealed to the Supreme Court.