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Southern Cross Refrigeration Co v Toowoomba Foundary - Doyles Arbitration Lawyers
Southern Cross Refrigeration Co v Toowoomba Foundary

Southern Cross Refrigeration Co v Toowoomba Foundary

SOUTHERN CROSS REFRIGERATING CO V. TOOWOOMBA FOUNDARY PTY LTD [1959] 71 CLR 592

High Court of Australia – 15 December 1954

FACTS

Southern Cross sought to register a trademark consisting of the words “Southern Cross” in respect of refrigeration on the ground that it would be likely to deceive consumers. Toowoomba built and registered trademarks for milking machine, windmills, well-drilling machines and parts.

ISSUE

Would the registration of the trademark “Southern Cross” for refrigerators deceive consumers in believing there was a connection between Toowoomba’s products and the refrigerators?

FINDING

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End