Cosmetics/luxury goods giant LVMH (Louis Vuitton Moët Hennessey, for the plebians among us) has lost a recent attempt to trademark the term “Brow Bar” in Australia. Australian beautician Chernae Noonan opposed LVMH’s application, stating that she began operating a business called “The Brow Bar” in Australia since September 2003, and trademarked the phrase in 2005. Among other things, LVMH unsuccessfully argued that it started using the term “brow bar” in the U.S. in September 2003, completely unaware of Ms. Noonan or her business, and that the term has been used so much in the beauty industry that it is generic.
The Austrlian Trade Mark Office was unpersuaded by LVMH’s claims and refused to register the trademark.
One burning question I still have after the Australian Trade Mark Office’s decision: can someone please explain to me what a brow bar is?