Austin, Nichols & Co. Inc v Stichting Lodestar - SC 21/2007

Civil appeal – Trade Marks Act 1953 – whether, in hearing an appeal from the Assistant Commissioner of Trade Marks, the High Court must have deference to the Assistant Commission’s findings, only overturning a decision that can fairly be characterised as wrong – whether the Court of Appeal erred in its interpretation of its own powers under the Court of Appeal (Civil) Rules 2005 in determining the appeal from the High Court decision – whether the Court of Appeal erred by ignoring the onus on the trade mark applicant to discharge the burden of demonstrating that registration of its trade mark would not lead to a likelihood of confusion or deception. CA 94/05 12 March 2007