Trade Mark News & Information

Trademark Lawyer Sydney – Federal Court – Injunction – Finish dishwashing products

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2021] FCA 1094 (3 September 2021)

Reckitt Benckiser was successful in obtaining an interim injunction restraining Henkel from offering for sale or selling dishwashing products by reference to the following sign:

Henkel contended this was merely a depiction of its SOMAT capsules and not trade mark use, but Halley J did not accept this.

His Honour considered Henkel’s mark was deceptively similar to Reckitt Benckiser’s registration for the following trade mark used in connection with its FINISH range of products; although it was not a strong prima facie case of deceptive similarity.

However, his Honour was satisfied the balance of convenience strongly favoured the granting of the injunction to restore the status quo pending final determination of the claims for trade mark infringement.

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