2015 a cafÃ© in Gordon was named â€œGordon Bleuâ€ and is owned by Saleh Alshamsi. The photos above show the Gordon Bleu CafÃ© and its merchandise, being cups and T-shirts. Gordon is a tiny town in Victoria, Australia, 95 kilometres west of Melbourne, with a total population of 1,151. The town is very quiet as the highway to Ballarat bypasses the town completely.
â€œlâ€™Ecole de Cuisine et de PÃ¢tisserie Le Cordon Bleuâ€ is a a famous culinary (cooking) school established in 1895 in Paris that has taught many of the world’s top chefs. An international company Le Cordon Bleu International BV runs the global hospitality and culinary school and it has a training school in Moorabbin, Melbourne, providing short courses and professional training for chefs.
Le Cordon Bleu International BV has the following registered trade marks:
(1) since 2004 in the words â€œ Cordon Bleuâ€ for:
Class 9:Scientific and electric apparatus, weighing, measuring, apparatus and instruments;
Class 16:Paper, cardboard, paper; stationery teaching material;
Class 29:Fish, vegetables, thick soups, fruit, cooked dishes:
Class 35:Advertising services including distribution of prospectuses and samples; business management assistance to industrial or commercial companies;
Class 41:Educational services; book and review publishing; entertainment, shows; radio etc; And
(2) Since 2011 for the word â€œCordonâ€;
Class 43:Services for providing food and drink; hotel, restaurant, catering services, excluding hotel bottle shop services; temporary accommodation; hotel reservations and reservation services in this class.
These trade marksare not registered in: Class 25 clothing and footwear that would include T-shirts; or Class 21Cups, mugs or drinking vessels, plates bowls etc.
Le Cordon Bleu International BV sent letters demanding that Alshamsi stop using the name of â€œGordon Bleuâ€ for his restaurant, T-shirts, and cups as it infringes their registered trade marks in the name â€œCordon Bleuâ€ and â€œCordonâ€.
Explain to Alshamsi using the Trade Marks Act 1995 if his use of the names infringes the registered trade marks of Le Cordon Bleu International BV.