ABC Tissue Products Pty Limited v Solaris Paper Pty Ltd

ABC Tissue Products Pty Limited (the applicant) sought an interlocutory injunction against Solaris Paper Pty Ltd (the respondent) to restrain the respondent from infringing the applicant's registered trade mark, "ABC TISSUE". The dispute concerned the respondent's use of the mark "SOLARIS ABC" on its paper products. The application was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the respondent's use of the mark "SOLARIS ABC" was likely to cause confusion among consumers, thereby infringing the applicant's registered trade mark "ABC TISSUE" under section 120(1) of the *Trade Marks Act 1995* (Cth). This involved assessing the degree of similarity between the marks, the similarity of the goods or services in relation to which the marks were used, and the overall likelihood of deception or confusion in the marketplace.

The Court considered the visual and phonetic similarities between the marks, as well as the conceptual implications. It noted that while "SOLARIS" was a distinctive element of the respondent's mark, the inclusion of "ABC" in close proximity to the goods, which were identical to those sold by the applicant, created a significant risk of confusion. The Court applied the established principles for assessing trade mark infringement, focusing on the overall impression conveyed by the marks to the ordinary consumer. The Court found that the applicant had established a strong prima facie case of infringement and that the balance of convenience favoured granting an interlocutory injunction.

The Court ordered that the respondent be restrained from using the mark "SOLARIS ABC" or any mark deceptively similar to the applicant's registered trade mark "ABC TISSUE" in relation to paper products, pending the final determination of the proceedings.