PROTOX mark PROhibited in Full Court Decision

In Allergan v Self Care, the Full Federal Court overturned a first instancedecision and held that the mark PROTOX, and the phrase “instant Botox® alternative”, are deceptively similar to the mark BOTOX, and therefore use of PROTOX and the phrase constituted trade mark infringement. The Full Court also found that none of the defences relied on by the respondents applied. 

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