Key Points:
The power to award additional damages under the Trade
Marks Act is aimed not at compensation but deterrence.
Important comments concerning liability and the remedies
available for unauthorised use of a certification trade mark have
been made by Justice Perram in a recent Federal Court case. (Halal
Certification Authority Pty Limited v Scadilone Pty Limited [2014]
FCA 614).
Halal Certification Authority Pty Limited sued Quality Kebab
Wholesalers Pty Ltd, a wholesale distributor of meat products, who
issued false certificates bearing the trade mark to kebab outlets.
Two kebab shops that displayed the false certificates were also
sued. Halal Certification Authority pleaded infringement of its
statutory rights under the Trade Marks Act 1995 in respect of the
registered certification trade mark set out below.
