Trade Mark News & Information

Trademark Lawyers Australia – Federal Court – PopCorners

Snack Foods Limited v Premier 1st Pty Ltd [2013] FCA 135 (25 February 2013)

Unsuccessful application for interlocutory injunction to restrain use of the trade mark POPCORNERS for corn based snack food products based on prior trade mark registration for POPPED CORNERS. The applicants established a prima facie case for infringement, but the respondents had reasonable prospects of defending the infringement case and securing orders for cancellation of the POPPED CORNERS registration. The applicants had not yet launched their POPPED CORNERS snack product and the potential harm to them was speculative. Conversely, an injunction had the potential to prejudice and cause real and significant loss to the respondents. The balance of convenience favoured the respondents and refusal of interlocutory relief. The judge also made observations regarding the applicants’ delay in commencing proceedings.