[wisty]

In Australia, McDonalds lost a case when they tried to stop McWilliams selling a "Big Mac" 2 litre bottle of wine, because no-one would mistake it for a hamburger. (http://www.internationallawoffice.com/newsletters/detail.asp...)

[grabeh]

Thanks for that. Interesting! Looks like in Australia there has to be a likelihood of confusion even where a mark has reputation.

This is not the case in the EU, where the mere act of taking unfair advantage/causing detriment is sufficient for a TM owner to take action, even where there is no likelihood of confusion. Likewise, in the US, a TM owner would also have an action for TM dilution which does not require confusion.