DC Comics v Cheqout Pty Ltd  FCA 478 (22 May 2013)
The Registrar’s decision was overturned on appeal. DC Comics was ultimately successful in its opposition to registration of the trade mark “superman workout” for various exercise and fitness related services. The judge considered the term “superman” was descriptive and consequently it was unlikely for this trade mark to be confused with any of DC Comics’ registered trade marks containing the term “superman”. However, her Honour decided the trade mark application was filed in bad faith because the “superman workout” trade mark was actually used in a red, blue and white colour scheme with a Shield Design (shown below) which was of a similar shape and style of lettering to the S Shield Design in DC Comics’ trade marks and closely resembled indicia ordinarily associated with the Superman Character of DC Comics. Such conduct fell short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons.