Date: 22 April 2025
Court: High Court of Australia
Judge(s): Gageler CJ, Steward and Jagot JJ
Judgment date: 11 April 2025
Catchwords: TRADE MARKS — Cancellation under ss 60 and 88(2) (c) — Whether, because of circumstances applying at the time when the application for rectification is filed, the use of the registered mark is likely to deceive or cause confusion —
TRADE MARKS — Cancellation – s 89 threshold for the exercise of discretion

Abstract:

Below is a summary of the submissions made before the High Court of Australia, which on 11 April 2025, granted special leave to appeal the decision of the Full Court of the Federal Court of Australia (FCAFC), Killer Queen, LLC v Taylor [2024] FCAFC 149; BC202416867: see our earlier update here. The FCAFC had cancelled the trade mark registered by the applicant Katie Taylor (née Perry), the Australian fashion designer. It was argued that the case raises important questions of principle of construction of ss 60, 88(2)(c) and 89 of the Trade Marks Act 1995 (Cth) (TMA).

Background

The FCAFC had cancelled the applicant’s trade mark under the grounds in ss 60