Bruce Caine

A judge has allowed a company associated with leading tyre retailer Bob Jane T-Mart to register three trade marks for its brand of Monster alloy wheels, dismissing claims from US energy drink giant Monster Energy that allowing the registration would lead to confusion.

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.