Truong Giang Corporation v Quach [2015] FCA 1097

Truong Giang Corporation v Quach [2015] FCA 1097

Each respondent infringed TG Corp's registered trade mark by supplying and selling tea products bearing a substantially identical mark and deceptively similar packaging, without the consent of the registered owner. This conduct also constituted misleading and deceptive conduct, false representations, and passing off due to the established reputation in the mark and get up. Mr Quach, as director and controlling mind of New Leaf, was a joint tortfeasor in respect of its infringements. The evidence justified permanent injunctions, compensatory damages based on lost profits, and additional damages for flagrant and deliberate conduct.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for applicant
Legal Topics
['trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'false or Misleading Representations' 'damages' 'joint Tortfeasor Liability']
['intellectual Property' 'consumer Protection' 'competition Law' 'torts'] ['trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'false or Misleading Representations' 'damages' 'joint Tortfeasor Liability']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether respondents infringed the 3 Ballerinas registered trade mark under s 120 of Trade Marks Act 1995 (Cth)' 'Whether the sign was used as a trade mark and indicated origin of the product' 'Whether respondents made false or misleading representations under ss 18(1), 29(1) of ACL' 'Whether conduct amounted to passing off' 'Whether director (Mr Quach) can be joint tortfeasor with company' 'Appropriate measure and quantum of damages, including additional damages']

Ratio Decidendi

Each respondent infringed TG Corp's registered trade mark by supplying and selling tea products bearing a substantially identical mark and deceptively similar packaging, without the consent of the registered owner. This conduct also constituted misleading and deceptive conduct, false representations, and passing off due to the established reputation in the mark and get up. Mr Quach, as director and controlling mind of New Leaf, was a joint tortfeasor in respect of its infringements. The evidence justified permanent injunctions, compensatory damages based on lost profits, and additional damages for flagrant and deliberate conduct.

Court Disposition

Judgment for applicant

Orders

  • ['Declarations of infringement, misleading conduct, and passing off against all respondents' 'Permanent injunctions restraining respondents from further infringing and passing off' 'Orders for delivery-up of counterfeit products and materials' 'Damages: First and Second Respondents (jointly) to pay $3,000; Third...