Holding Redlich

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

The High Court has rejected a failed auto repair franchiser’s bid to appeal a ruling dismissing its case against Holding Redlich alleging the law firm was negligent in preparing franchisee agreements.

A trade mark’s reputation is beside the point in an infringement claim alleging deceptive similarity, the Full Federal Court heard Monday in an appeal of a case involving two of Australia’s biggest meat processing and distribution companies.