Australian Federal Court Rules on Trademark 'Deliberately Copied' from Overseas Market
July 2008
in “
Journal of Intellectual Property Law & Practice
”
TLDR Australian court ruled that Bickfords did not infringe on Monster Energy's trade mark because Monster was not sold or known in Australia at the time.
In 2008, the Federal Court of Australia decided that Bickfords (Australia) Pty Ltd's act of copying the MONSTER ENERGY drink trade mark from the US-based Hansen Beverage Company did not infringe on Hansen's rights in Australia. This was because Hansen's product had not been launched or sold in Australia, and therefore it did not have a sufficient reputation in the country to claim misleading and deceptive conduct under the Trade Practices Act or the common law tort of passing off. The ruling indicated a preference for open competition by Australian courts, allowing local companies to imitate products from international markets if those products were not registered or used in Australia. The international trade mark community was concerned by this decision, and the outcome of the subsequent appeal was highly anticipated.
