Pfizer has a mark in Class 5 and Ying Jia is trying to file a functionally identical mark in Class 9. By now, you probably know what happens next. Pfizer has to argue that it deserves expanded protection on account of the mark having well-known status. This is exactly what was argued in the Hermès and Chivas Regal cases.
And like those disputes, Pfizer lost here, with the court saying that: 1) it did not find Pfizer’s evidence of well-known status to be sufficient; and 2) it did not believe that there was a significant risk of consumer confusion.
Read more about it at Business Insider Australia.
