Staywell Hospitality Group Pty Ltd v Starwood Hotels & Resorts Worldwide Inc

Trade mark infringement and opposition under s 8(2)(b)/s 27(2)(b) of the Trade Marks Act are assessed by a structured 'step-by-step' approach: (1) similarity of the marks (visual, aural and conceptual), (2) similarity of the goods or services, and (3) only if the first two are satisfied, the likelihood of confusion, with permissible extraneous factors admitted only at the third stage.