BERLEI HESTIA INDUSTRIES LTD V BALI CO INC [1973] 129 CLR 353
High Court of Australia – 17 October 1973
FACTS
Berlei was the registered proprietor of the trademark Berlei in respect of clothing. Bali had registered a trademark Bali-Bra and Berlei sought to have the trademark removed from the register.
The ground for the application to deregister the Bali-Bra trademark was that the trademark could cause confusion and was not distinctive. Berlei was pronounced “burley” while Bali was pronounced “Barley”.
ISSUE
Was it possible that the use of Bali name would cause customers to confuse it with the Berlie trademark?
FINDING
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