Cantarella Bros Pty Limited v Modena Trading Pty Limited

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL AND GAGELER JJCANTARELLA BROS PTY LIMITED  APPELLANTANDMODENA TRADING PTY LIMITED  RESPONDENTCantarella Bros Pty Limited v Modena Trading Pty Limited[2014] HCA 483 December 2014S67/2014ORDER1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 30 September 2013 and, in their place, order that the appeal to that Court be dismissed with costs. On appeal from the Federal Court of AustraliaRepresentationA J L Bannon SC with M Green for the appellant (instructed by Clayton Utz Lawyers)I M Jackman SC with C L Cochrane for the respondent (instructed by Corrs Chambers Westgarth Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS Cantarella Bros Pty Limited v Modena Trading Pty LimitedIntellectual property – Trade marks – Foreign words – Appellant was registered owner of trade marks "ORO" and "CINQUE STELLE" in respect of products including coffee – Respondent sought cancellation of appellant's trade marks – Whether trade marks inherently adapted to distinguish appellant's goods from goods of other persons.Words and phrases − "covert and skilful allusion", "directly descriptive", "inherently adapted to distinguish", "ordinary signification". Trade Marks Act 1995 (Cth), s 41.FRENCH CJ, HAYNE, CRENNAN AND KIEFEL JJ.   In this appeal from a decision of the Full Court of the Federal Court of Australia the appellant, Cantarella Bros Pty Limited ("Cantarella"), seeks to restore to the Register of Trade Marks ("the Register") two of its registered trade...