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Seeking Damages for Unauthorised Use of a Trade Mark

A recent Federal Court case has taught a valuable lesson in seeking damages as a remedy for infringement of a trade mark.

In the case of Halal Certification Authority Pty Limited v Scadilone Pty Limited [2014] FCA 614), the Halal Certification Authority sought damages under section 236 of the Competition and Consumer Act 2010 (Cth) (“the Act“) against a wholesale distributer and a number of kebab shops for unauthorised use of a trade mark asserting that kebab meat used by the kebab shops was certified ‘halal’ meat.

Under the Act, compensation will only be awarded where actual damage for the alleged conduct can be proven. Halal Certification Authority was unable to satisfy the Court as to whether the meat in the kebab shops was or was not halal. Therefore, neither actual damage nor reduction the value of the trade mark was demonstrated and only nominal damages were awarded.

Our intellectual property and commercial lawyer team can assist in providing advice on trade mark infringement, and commercial remedies available for breach. Contact us today for more information.
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