In Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020]
FCAFC 124 (28 July 2020), the Full Federal Court overturned the
Primary Judge's finding of honest concurrent use, given the
evidence demonstrated use of goods that had been expressly excluded
from the application, and finding of prior continuous use, on the
basis that the prior use had not been authorised use under the
control of the trade mark owner.
Background
Since 1988, Ceramiche Caesar, an Italian
manufacturer of ceramic tiles for indoor and outdoor flooring and
wall cladding, promoted, manufactured and sold tile products in
Australia. In 2004, Ceramiche Caesar filed an application cover
"ceramic tiles for indoor and outdoor use" for
the following mark, which then proceeded to registration:
