Advanced Magazine Publishers Inc v Paul Rigo
[2020] ATMO 200 (23 December 2020)
Advance Magazine Publishers Inc.
("Opponent") has failed to prevent the
registration of the trade mark VOGUE by Paul Rigo
("Applicant") for a range of plumbing
products and coffee machines in Class 11.
The Opponent is the parent company of Condé Nast which
publishes Vogue Magazine. It opposed the registration of
the VOGUE trade mark on the following basis:
- the trade mark is substantially identical with or deceptively
similar to prior registrations owned by the Opponent for VOGUE
including in respect of "bathroom furniture" and
"coffee shops and cafes" (section 44)
- the Applicant is not the owner of VOGUE for plumbing products
and coffee machines because the Opponent was the first user of the
VOGUE trade mark for the "same kind of thing" as plumbing
products and coffee machines in Australia (section 58)
