article_snippet.sent: An Australian businesswoman has come out on top against the world's 13th richest billionaire after stopping BeneFit Cosmetics from using the term 'Brow Bar' exclusively.
article_snippet.sent: The Brow Bar, has blocked the cosmetic giant's application to trademark the phrase.
article_snippet.sent: The Brow Bar in 2003 .
article_snippet.sent: Owner Chernae Noonan has stopped BeneFit Cosmetics from using 'Brow Bar' exclusively after the company launched an application to trademark the term in Australia .
article_snippet.sent: The Brow Bar services 'women of relatively high disposable income aged 25 to 55' along with a small group of men.
article_snippet.sent: Owner Chernae Noonan took action against BeneFit when BeneFit Cosmetics sought to trademark 'Brow Bar' in Australia in 2011.
article_snippet.sent: Owner Chernae Noonan said customers would confuse Owner Chernae Noonan business, The Brow Bar, with BeneFit Brow Bar at Myer stores in Western Australia, New South Wales, Australian Capital Territory, Queensland, South Australia and Victoria.
article_snippet.sent: Hearing officer Nicole Worth said Hearing officer Nicole Worth did not consider the word 'Brow Bar' to be used commonly enough to be deemed as 'generic' as lawyers for BeneFit argued.
article_snippet.sent: Hearing officer Nicole Worth added the addition of the word 'BeneFit' to 'Brow Bar' also did not help differentiate the cosmetic giant's services from Owner Chernae Noonan business. '
article_snippet.sent: Additionally, although [BeneFit] did not know of [Ms Noonan's] trademark when it adopted the phrase "browbar" in the USA, it is reasonable to expect that it ought to have checked the Australian market for conflicting trade marks before entering conflicting trade marks,' Ms Worth said. '
highlights_snippet.sent: Owner Chernae Noonan stopped BeneFit Cosmetics from using 'Brow Bar'
  The Queenslander said Owner Chernae Noonan business was often mistaken as beauty giant's .
  