Carnival Cruise Lines Inc. v Sitmar Cruises Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1994-0228 FCA B |
| Date | 1994 |
| Year | 1994 |
| Court | Federal Court |
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...be made when a mark applied for and an opponent’s mark are substantially identical: see Carnival Cruise Lines Inc v Sitmar Cruises Ltd (1994) 120 ALR 495. Gummow J’s views on the issue of competing claims between non-identical marks were obiter; but nonetheless, they were applied by Drummon......
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1 books & journal articles
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Intellectual Property Law
...the marks were not identical or substantially identical. On this point, she followed Carnival Cruise Lines Inc v Sitmar Cruises Ltd(1994) 120 ALR 495, an Australian decision on the scope of a provision in their Trade Marks Act 1955 which was similar to s 12(1). The comparison between the ma......