Truong Giang Corporation v Quach [2015] FCA 1097

FEDERAL COURT OF AUSTRALIA

Truong Giang Corporation v Quach [2015] FCA 1097 Citation: Truong Giang Corporation v Quach [2015] FCA 1097

Parties: TRUONG GIANG CORPORATION v TUNG MAU QUACH (ALSO KNOWN AS "JOHN QUACH"), NEW LEAF TEA CO PTY LTD (ACN 143 572 909) and CHRISTODOULOS ALEXANDROU

File number: VID 41 of 2014

Judge: WIGNEY J

Date of judgment: 15 October 2015

Catchwords: TRADE MARKS – counterfeit goods – whether a sign on a product was used as a trade mark – whether the sign was used, or intended to be used, to distinguish the product from goods dealt with or provided by others – whether the sign was used to indicate the origin of the product – infringement of a registered trade mark contrary to s 120 of the Trade Marks Act 1995 (Cth) – whether the registered trade mark was used on a product with the consent of the registered owner of the trade mark pursuant to s 123 of the Trade Marks Act 1995 (Cth) COMPETITION – misleading or deceptive conduct arising from dealings in counterfeit goods – false or misleading representations – whether representations made were false or misleading contrary to ss 18(1) and 29(1) of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) – principles applicable to misleading or deceptive conduct, or false or misleading representations, regarding the sale of counterfeit goods TORTS – passing off – misrepresentations as to the source of a trader's goods – whether conduct is misleading or deceptive, or likely to mislead or deceive – whether there is a misrepresentation that is likely to lead the public astray as to the source and origin of the goods – principles applicable to the tort of passing off TORTS – joint tortfeasor – whether a director of a company can be regarded as a joint tortfeasor in respect of a tort of the company DAMAGES – compensatory damages in respect of an infringement of a registered trade mark – the appropriate measure of damage – additional damages pursuant to s 126(2) of the Trade Marks Act 1995 (Cth) – principles applicable to the award of additional damages