The Hunchback of Notre-Dame
An interesting case that has somehow slipped under the radar is Mrs. Justice Crennan's decision in Christodoulou v Disney Enterprises Inc [2005] FCA 1401 (4 Oct 2005). A Melbourne based writer and composer, who was also in the business of providing entertainment bookings, registered the sign THE HUNCHBACK OF NOTRE DAME simpliciter in class 41 for ‘Entertainment services in class 41’. He sued the Disney Corporation for trade mark infringement. There was no dispute that those words had appeared as a title in Disney films, books, videos, DVDs and website. The question before the court was whether such use amounted to use in the trade mark sense.
The judge held that it did not. The words "Hunchback of Notre Dame" referred to an established title. The descriptive meaning of those words had been established long before the registration of the trade mark. The purpose and nature of the use was to describe Disney products. It was not for the purpose of indicating a relevant connection in the course of trade.
The judge held that it did not. The words "Hunchback of Notre Dame" referred to an established title. The descriptive meaning of those words had been established long before the registration of the trade mark. The purpose and nature of the use was to describe Disney products. It was not for the purpose of indicating a relevant connection in the course of trade.
Comments
I apologize to the Judge and have already corrected the error. In England, judges of the High Court are referred to as "Mrs Justice" and I trust that is the convention in Australia. I believe that in some jurisdictions they are called "Madame Justice". If I have the wrong designation perhaps an Australian practitioner could correct me.
Finally, I have to congratulate Her Ladyship (or Her Honour if the latter is the correct form of address) upon her appointment as the youngest judge on the bench. I wish her every success and look forward to reading more of her judgments.
Cheers
Sulliman