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Lazy Holdings Pty Ltd is a mattress retailer in Australia that sells a “bed-in-a-box” where the mattresses are delivered direct to the consumer to be instantly unpacked.
La-Z-Boy Inc is an American furniture manufacturer that has been using its marks globally since the 1920s and in Australia since 1958. It operates about 300 stores nationwide and has a global presence.
La-Z-Boy opposed Lazy Holdings application for “LAZYBED” on the ground that the use of the trade mark would be likely to deceive or cause confusion due to the reputation of La-Z-Boy’s trade marks, being “LA-Z-BOY”, “LA-Z-ROCKER” and “LA-Z-BOY GALLERY”. The “LAZYBED” application was made in respect of foam mattresses.
The Delegate upheld the opposition preventing registration of the “LAZYBED” mark due to the following: