Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd [2021] FCA 617

Federal Court of Australia

Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd [2021] FCA 617 File number(s): VID 580 of 2020

Judgment of: O'CALLAGHAN J

Date of judgment: 8 June 2021

Catchwords: TRADE MARKS – where applicant gave notice to respondent of termination of Trade Mark Licence Agreement by which the applicant had granted to the respondent the right to use certain of its trade marks – whether applicant proved content of certain "Brand Standards" – whether respondent in breach of Trade Mark Licence Agreement by failing to remove "Caltex Red" canopy fascia from its rebranded service stations – whether respondent's use of "Caltex Red" canopies constitutes misleading or deceptive conduct or conveys a false or misleading representation within the meaning of ss 18 or 29(1)(g) or 29(1)(h) of the Australian Consumer Law, because it conveys the representation that Caltex and Ampol are owned by the same entity or by entities which are associated, affiliated or otherwise connected – whether use by respondent of Caltex marks CALTEX and STARCARD in conjunction with its marks AMPOL and AMPOLCARD conveys the representation that the Caltex marks and the Ampol marks are owned by the same entity or by entities which are associated, affiliated or otherwise connected – whether use by respondent of the Caltex marks CALTEX and STARCARD in certain advertising or signage constitutes a breach of Trade Mark Licence Agreement – whether use by respondent of the marks CALTEX and STARCARD in conjunction with the marks AMPOL and AMPOLCARD constitutes a breach of ss 18 or 29(1)(g) or 29(1)(h) of the Australian Consumer Law or trade mark infringement under s 120(1) of the Trade Marks Act 1995 (Cth)

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 18, 18(1), 29, 29(1)(g), 29(1)(h) Trade Marks Act 1995 (Cth) s 120(1)