Halal Certification Authority P/L v Scadilone P/L
[2014] FC 614
KEY ISSUES
Misuse of certification trade mark
First award of "flagrant infringement" additional
damages under section 126(2) of the Trade Marks Act 1995 for
deterrent purposes
FACTS
HCA owned a trade mark used to certify that food had been
prepared in accordance with halal (Islamic) requirements, for which
it charged authorised users a licence fee to use and display the
mark.
Quality Kebab Wholesalers Pty Ltd (QKW) supplies meat products
to various retail outlets including S and White Heaven Pty Ltd.
They sought QKW's assurance that the products complied with
halal requirements.
Without authorisation from HCA (including payment of applicable
licence fees), QKW copied and provided certificates bearing
HCA's mark to S and White Heaven, who displayed the
certificates in their stores.
