Intellectual property (IP) is an important asset to your business. It makes sense that many businesses take preventative steps to stop people from infringing their IP. But you may be unsure whether someone's unauthorised use constitutes trade mark infringement under Australian law.
A court case between AGL and Greenpeace demonstrates the importance of understanding trade mark infringement. In this article, we will outline what you should consider before alleging trade mark infringement, analysing the decisions that came from this court case.
AGL v Greenpeace Australia Pacific Limited
Background
AGL took Greenpeace to court over alleged copyright and trade mark infringement. This was concerning posters created by Greenpeace that used AGL's logo. The alleged infringing conduct by Greenpeace consisted of various visual media on a variety of platforms using AGL's logo next to the tagline ‘Australia's Greatest Liability'.
