It has become increasingly common for corporate groups to hold
their trade marks and other
intellectual property within a dedicated, non-trading
entity.
While this may assist with asset protection, it can lead to
concerns about whether use of the trade mark by another member of
the group is "authorised". The recent Full Federal Court
decision of Trident
Seafoods Corp v Trident Foods Pty Ltd examined this issue in
the context of a trade mark that was used by the parent but owned
by a subsidiary.
Background
Trident Foods is an established brand in Australia. At first
instance, her Honour Gleeson J noted that the brand was so popular
that "it is
probably in most households at some point during the
year". Perhaps the brand's most well-known
product is its sweet chilli sauce, however over the years its trade
mark has been applied to products including tinned fish, sauces and
various flavourings across multiple supermarket aisles.
