Australian Associated Motor Insurers Ltd v Australian Automotive Motor Inspection Centre Pty Ltd (No 2) [2003] FCA 1268

Australian Associated Motor Insurers Ltd v Australian Automotive Motor Inspection Centre Pty Ltd (No 2) [2003] FCA 1268

There was a serious issue to be tried that AMIC and AEMIC were deceptively similar to the applicant's marks, particularly because AEMIC was not a true acronym and appeared arguably chosen to get as close as possible to the applicant's name without being subject to further injunction. The respondents gave no evidence explaining the choice of the new acronyms, and their reaction to the earlier order justified both interlocutory restraint and indemnity costs.

Jurisdiction
Australia
Judgment Date
28 October 2003
Procedural Posture
Application for Interlocutory Injunction / Notice of Motion Dated 22 October 2003 Seeking Further Interlocutory Relief Before Final Hearing
Outcome
Further interlocutory relief granted; respondents ordered to pay indemnity costs.
Legal Topics
['interlocutory Injunction' 'deceptive Similarity' 'business Name Registration' 'indemnity Costs']
['intellectual Property' 'trade Marks' 'civil Procedure'] ['interlocutory Injunction' 'deceptive Similarity' 'business Name Registration' 'indemnity Costs']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Notice of Motion Dated 22 October 2003 Seeking Further Interlocutory Relief Before Final Hearing

Legal Issues

  1. 1 ['Whether the respondents should be restrained from using the words, letters, signs or acronyms AMIC or AEMIC in relation to inspection, assessment and repair of motor vehicles.' 'Whether the first respondent should be required to take steps to cease registration of the business name AEMIC.' "Whether the respondents should pay the applicant's costs on an indemnity basis."]

Ratio Decidendi

There was a serious issue to be tried that AMIC and AEMIC were deceptively similar to the applicant's marks, particularly because AEMIC was not a true acronym and appeared arguably chosen to get as close as possible to the applicant's name without being subject to further injunction. The respondents gave no evidence explaining the choice of the new acronyms, and their reaction to the earlier order justified both interlocutory restraint and indemnity costs.

Court Disposition

Further interlocutory relief granted; respondents ordered to pay indemnity costs.

Orders

  • ['The applicant have leave to file and serve an amended application and an amended statement of claim in the form exhibited as ABW7 to the affidavit of Anthony Brook Watson, sworn 22 October 2003.' 'Until a final hearing of this proceeding or further order, the first and second respondents, or either of them,...