In a recent decision, the Federal Court of Australia found that
the name given to a style of bikini was not a trade mark.
Pinnacle Runway Pty Ltd ("Pinnacle") owns Australian
trade mark registration no. 1705228 for the mark DELPHINE in
respect of clothing, headwear and swimwear in class 25, and
designs, manufactures and sells women's clothing under this
mark.
Pinnacle brought an action for infringement against Triangl
Limited and Triangl Group Limited ("Triangl") on the
basis of Triangl's marketing and sale of a bikini, in three
different floral patterns, by reference to DELPHINE. Triangl denied
infringement on the basis that it only used DELPHINE as a style
name and not "as a trade mark".
