Sebel Furniture Limited v Acoustic & Felts Pty Limited [2009] FCA 6

Sebel Furniture Limited v Acoustic & Felts Pty Limited [2009] FCA 6 has been handed down by Foster J regarding an interlocutory injunction pending the determination of issues of:
- alleged trade mark infringement of a shape trade mark in a plastic chair and whether goods themselves can constitute a trade mark having a separate identity from that of goods;
- passing off/misleading and deceptive conduct and whether the promotion and supply of a one piece moulded plastic chair (the Titan chair) by a rival trader is likely to deceive potential purchasers into believing the rival trader’s product was put out by or associated with the applicant or that the rival trader is itself associated with the applicant; and
- misleading and deceptive conduct and whether the statement that the respondent’s one piece moulded plastic chair is the first chair to conform to a UK standard carries with it or implies that it is the only chair which conforms to that standard.
Foster J refused the claim for an interlocutory injunction over the promotion, offering to supply or supply of the Titan chair. However, Foster J granted the interlocutory injunction restraining Acoustic & Felts from representing in trade or commerce that the Titan chair is the only plastic sidechair available in Australia which currently conforms to UK standards EN 1729 – Parts 1 and 2 or is the first 1-piece chair that conforms to UK standards EN 1729 – Parts 1 and 2.
Final hearing is likely to be in March or April 2009.
Sebel Furniture Limited v Acoustic & Felts Pty Limited [2009] FCA 6…

Published:
13.01.09
Category:
Trade Marks, Trade Practices