Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2015] FCA 1086

Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2015] FCA 1086

Section 123 of the Trade Marks Act 1995 (Cth) was engaged, as the trade marks in question had been applied to the goods (cigars) by the registered owner, and Trojan's use in relation to those goods did not constitute infringement. The claims for misleading or deceptive conduct under the ACL and for passing off were...

Source-derived case information.

Parties
First Applicant: Scandinavian Tobacco Group Eersel BV; Second Applicant: Scandinavian Tobacco Group Australia Pty Ltd; Respondent: Trojan Trading Company Pty Ltd
Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Application for Injunctive and Other Relief / Trial on Liability
Outcome
Application dismissed with costs
Legal Topics
Trade Marks, Passing Off, Misleading or Deceptive Conduct, Parallel Importation, Standing Under Trade Marks Act
Intellectual Property Consumer Law Torts Trade Marks Passing Off Misleading or Deceptive Conduct Parallel Importation Standing Under Trade Marks Act

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 39 Party arguments 2
Sign in to unlock

Parties

Scandinavian Tobacco Group Eersel BV

First Applicant

Scandinavian Tobacco Group Australia Pty Ltd

Second Applicant

Trojan Trading Company Pty Ltd

Respondent

Procedural Posture

Application for Injunctive and Other Relief / Trial on Liability

Legal Issues

  1. 1 Whether respondent's repackaging and sale of cigars infringed registered trade marks under Trade Marks Act 1995 (Cth)
  2. 2 Whether the respondent's acts constituted misleading or deceptive conduct under the Australian Consumer Law
  3. 3 Whether repackaging constituted passing off

Ratio Decidendi

Section 123 of the Trade Marks Act 1995 (Cth) was engaged, as the trade marks in question had been applied to the goods (cigars) by the registered owner, and Trojan's use in relation to those goods did not constitute infringement. The claims for misleading or deceptive conduct under the ACL and for passing off were not made out, as the evidence did not support any relevant misrepresentation to consumers or the public.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed with costs.