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Australia Legal updates: case law analysis and intelligence The decision makes it clear that the test for deceptive similarity involves consideration of the ordinary consumer’s imperfect recollection of the registered trademark. Register for limited access Register to receive our newsletter and gain limited access to subscriber content. Register now Subscribe to unlock unlimited access Get news, unique commentary, expert analysis and essential resources from the WTR experts.
The matter of Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157, (the Appeal Decision) involved the hearing of two appeals to the full Federal Court (constituted by Yates, Abraham and Rofe JJ). Swancom Pty Ltd (Swancom) appealed the dismissal of trade mark infringement claims in Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328 (the Primary Decision), previously reported here.
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