2005 IPSANZ Trade Marks Update - List G Barristers

S 43 – “DIANA’S LEGACY IN ROSES”
Kenny J, allowing opposition under s 43:
• Masterson did not appear or give evidence or submissions.
• The mark connotes a reference to Princess Diana, but that of
itself is insufficient for s 43.
• The evidence provided to the Court (and not to the Registrar)
showed that, before the priority date, Princess Diana and her
Estate had licensed the use of her name for the sale of roses
and other products in Australia for charitable activities.
• The mark would bespeak an association with the Estate.