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.