Blake Dawson - “Sportsboy” too close to “Sportsgirl”
Emma Rodigari and Lisa Ritson of Blake Dawson report on SPORTSBOY Trade Mark [2007] ATMO 71 (22 October 2007), in which a Delegate of the Registrar of Trade Marks has refused to register the SPORTSBOY trade mark in relation to clothing in Australia in light of opposition by the proprietor of the well-known SPORTSGIRL trade marks. The Delegate considered Sportsgirl’s reputation along with prior use of its registered and unregistered SPORTSGIRL trade marks and held that Sportsgirl had done “sufficient work” in putting the onus onto the Applicant to establish that its trade mark would not deceive or cause confusion.
Blake Dawson - “Sportsboy” too close to “Sportsgirl”