Recent Cases

Puma SE v Caterpillar Inc [2022] FCAFC 153 (09 September 2022) (Nicholas, Rofe and McElwaine JJ)


Catchwords:


TRADE MARKS – application for leave to appeal from a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) – whether primary judge erred in finding grounds of opposition pursuant to ss 44 and 60 of the Trade Marks Act 1995 (Cth) were made out – whether trade mark deceptively similar to prior registered mark – whether trade mark likely to deceive or cause confusion – where the primary judge’s judgment affected by error – whether proposed grounds of appeal have merit – application for leave dismissed