Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235

TRADE MARKS – cross-claim for revocation of trade marks pursuant to ss 41 and 88 of the Trade Marks Act 1995 (Cth) – whether marks capable of distinguishing the relevant goods or services – trade marks not inherently adapted to distinguish – insufficient use to distinguish the designated goods from the goods of others – trade marks to be revoked TRADE MARKS – whether trade marks “BOHEMIA” and “BOHEMIA CRYSTAL” infringed pursuant to s 120 of the Trade Marks Act 1995 (Cth) – whether marks used as a trade mark or to describe geographical origin and quality of goods – whether marks used in good faith pursuant to s 122 – infringement found in some cases CONSUMER LAW – misleading or deceptive conduct in contravention of ss 18 and/or 29 of the Australian Consumer Law – whether various impugned uses amounted to the making of misrepresentations – held no contravention of the Australian Consumer Law