Brisbane based dating service Six in the City applied to register its name as a trade mark and HBO Inc filed an opposition.
The Hearing Officer of the opposition rejected HBO’s claims, saying that no-one would be confused into thinking that Six in the City had anything to do with Sex and the City, “leaving aside the slight risk of confusion involving the well-known tendency of New Zealanders to pronounce ‘six’ in a way that resembles ‘sex'”!
He noted that no evidence in relation to confused consumers had been provided.
Titles of movies can and should be registered as trade marks for protection. And if challenging a similar sounding name, examples of confusion are important.