Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255

FEDERAL COURT OF AUSTRALIA

Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255 File number: NSD 1101 of 2014

Judge: KATZMANN J

Date of judgment: 21 March 2016

Catchwords: INTELLECTUAL PROPERTY — Trade marks —alleged infringement of registered trade marks by unauthorised use of the marks as keywords and in sponsored link advertisements in Google AdWords program — whether use as a trade mark — whether alleged infringer used the marks in respect of services in respect of which the trade marks were registered — whether alleged infringer used the marks in good faith to indicate the intended purpose of the services — whether use of the marks not likely to deceive or cause confusion CONSUMER LAW — Misleading or deceptive conduct — whether use of registered trade marks by unauthorised user misleading or deceptive contrary to s 18 of Australian Consumer Law CONSUMER LAW — False or misleading representations — whether false or misleading representations concerning affiliation with business of trade mark owner contrary to s 29(1)(h) of Australian Consumer Law — whether false or misleading representations with respect to the price of services contrary to s 29(1)(i)

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12DA Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 29(1)(h), 29(1)(i), 131A(1) Corporations Act 2001 (Cth), ss 766A, 911A(1) Privacy Act 1988 (Cth), ss 20R Trade Marks Act 1995 (Cth), s 120(1) Trade Marks Act 2002 (NZ), s 89(2) Trade Practices Act 1974 (Cth), ss 51AF, 52