Did you Know.
Proverb - One imitates someone else because one admires that person or values what that person is doing
Trademark Litigation Commenced.
1. Container Rotation Systems Pty Ltd (CRS) is the registered owner of Australian Registered Trade Mark No. 1309643 for the word “ROTAINER” (the Registered Trade Mark).
2. On 29 June 2022 CRS instituted proceedings in the Federal Court of Australia against Intermodal Solutions Group Pty Ltd, Load and Move Pty Ltd, and the director of those companies, Mr Garry Pinder (the Respondents).
3. In the proceedings CRS alleges that the Respondents have made unauthorised use of a trade mark which is substantially identical or deceptively similar to the Registered Trade Mark (namely the trade mark “ROTAINERS”) and thereby of engaged in conduct which:
(a) is an infringement of the Registered Trade Mark pursuant to section 120 of the Trade Marks Act 1995 (Cth); and
(b) in light of CRS’s use of the trade mark “ROTAINER” constitutes conduct which is misleading or deceptive or likely to mislead to deceive, in contravention of section 18 and subsection 29(1)(a), 29(1)(g) and 29(1)(h) of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth); and
(c) constitutes the tort of passing off.
4. The Respondents have denied the allegations and are defending the proceedings. The Respondents have filed a Cross-Claim alleging that the Registered Trade Mark should be removed from the Register of Trade Marks. CRS has filed a defence denying that there are grounds to remove the Registered Trade Mark.
5. The proceeding has been allocated to the Honourable Justice Rofe for further case management.
6. Further details concerning the proceeding and its progress can be obtained via links on the Federal Court of Australia Website to online services and Federal Court Search [www.fedcourt.gov.au/online-services/federal-law-search], following prompts and using the case number VID376/2022.
1.Rotainer Brand Name History
When CRS (previously ammesa) was reviewing the container rotation market early 2009, senior management looked to 'coin a term' for a product name that would develop into a globally recognised brand and evolve into valuable asset for the company for decades to come.
After months of review and debate the word 'Rotainer' was our choice as it simply describes, in one word, what we do, that is, design and manufacture container rotation systems.
Market research clearly demonstrated that this one word would be easily embedded into the minds of many over time.
13 years on the Rotainer® is now the most recognised brand in the global container rotaton industry, respected and envied by many, bar none.
2. First 360 Degree Container Tippler
CRS, Container Rotation Systems Pty Ltd (previously ammesa) introduced the first 360 degree Container Rotator (tippler) to the Global Market in 2009?
Our first, highly reliable, Rotainer® H.D, was delivered to D.P World, Adelaide late 2010. `
It was the first ever container rotator (tippler) to rotate an open top containers, 360 degrees, by only the top twist locks without supporting the container side walls.
CRS achieved this by innovation and originality when other manufactures said it could not be done.
3. First Lid Lift System for Container Rotators
3. CRS (ammesa) designed, developed and commissioned the first ever container lid lifting system for ISO container rotators in 2010.
This lengthy development process was undertaken in-conjunction with our clients.
Flinders Ports and Oz Minerals.
The apparartus is mounted to the top frame of our Rotainer® container rotation device (tippler).
It consists of a separate frame that lowers a specially designed lifting beam onto the container lid, unlocks any securing mechanism then lifts the lid out of the way of the rotating container, the reverse, returns the lids to the container.
CRS has currently has 4 versions of lid lifting systems operating in various countries around the World, trade name Lidliftor™ with many other container rotator suppliers using similar apparatuses.
4. First On The Global Market
With a Fully Certified
Rotatable, Open Top Container.
In 2010 CRS (ammesa) took a fresh look at the open top container industry and came up with the original concept of developing an open top container for rotation, either 180 or 360 degree rotation with lockable lids in 2010?
As the designer of the Rotainer® it was only a natural progression to value add our innovative container rotation system.
The CRS Rotorcon® is still the only ISO design container built from the ground up for rotation by only the top twist locks with a gross weight of 38 tonnes as standard.
Our Patented ingenuity in a 'one design container' is the Worlds Leader in heavy duty, high duty cycle container for 38 and 42 tonnes being BK2 and Dangerous Goods compliant.