EAU THERMALE AVČNE and AFENE: Court considers deceptive similarity of marks

Emma Rodigari and Lisa Ritson of Blake Dawson report on the Federal Court’s findings that Senator’s AFENE trade marks were not deceptively similar to Pierre Fabre’s EAU THERMALE AVČNE registered trade mark. In considering whether the marks were deceptively similar to the prior registered mark, the Court took into consideration the pronunciation along with the visual appearance of the marks.

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