COLAS Australia Group Pty Ltd v COLAS Road Surfacing Pty Ltd & Anor [2020] NSWSC 1858

COLAS Australia Group Pty Ltd v COLAS Road Surfacing Pty Ltd & Anor [2020] NSWSC 1858

There is a serious question to be tried as to passing off and misleading or deceptive conduct based on the unauthorised use of COLAS name and trademark. The balance of convenience favours granting interlocutory relief due to defendants' lack of compliance and failure to appear.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Civil / Interlocutory Application
Outcome
Interlocutory relief granted
Legal Topics
['interlocutory Injunction' 'passing Off' 'misleading or Deceptive Conduct']
['equity' 'commercial Law'] ['interlocutory Injunction' 'passing Off' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ["Whether defendants' use of COLAS name amounted to passing off and misleading or deceptive conduct" 'Whether interlocutory injunction should be granted to restrain use of trademark and name']

Ratio Decidendi

There is a serious question to be tried as to passing off and misleading or deceptive conduct based on the unauthorised use of COLAS name and trademark. The balance of convenience favours granting interlocutory relief due to defendants' lack of compliance and failure to appear.

Court Disposition

Interlocutory relief granted

Orders

  • ['Defendants restrained from infringing Australian Trade Mark Registration No 1894638, including use of logo in Annexure A in relation to registered goods/services.' 'Defendants restrained from using names COLAS in connection with road industry materials and services.' 'Defendants required within 7 days to cancel or...