Blake Dawson - Dirty but not different: “Dirty Kustoms Industries” and “Kustom” trade marks deceptively similar

Eugene Ford and Lisa Ritson of Blake Dawson report on Pineapple Trademarks Pty Ltd v Brent Lloyd Morely & Emma Kathleen Clancy [2007] ATMO 81 in which Brent Lloyd Morely and Emma Kathleen Clancy applied to register the trade mark DIRTY KUSTOMS INDUSTRIES in relation to “hats, beanies, jeans, jumpers, T-shirts, skateboard apparel, shoe, belts” in Class 25 and “skateboards, skateboard accessories, surfboards, surfboard accessories” in Class 28. According to Eugene Ford and Lisa Ritson, the Australian Trade Marks Office held that the DIRTY KUSTOMS INDUSTRIES mark was deceptively similar to the prior KUSTOM trade mark and stylised KUSTOM trade marks. In considering whether the marks were deceptively similar, the Registrar’s delegate took into consideration the surrounding circumstances that the Registrar’s delegate believed were likely to apply in the relevant market, including the nature of the relevant consumers for youth clothing.

Blake Dawson - Dirty but not different: “Dirty Kustoms Industries” and “Kustom” trade marks deceptively similar


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