Was “lazy” Australian accent really the key to fashion designer’s trademark victory?

It has been reported by several media outlets that the key to fashion designer Stella McCartney’s victory in a trademark dispute against a Chatswood-based cosmetics company – and subsidiary of Melilea International – was that the mark would cause confusion when said in a “lazy” Australian accent. While this is perhaps a novel argument, according to one commentator it is a bit of a red herring.