Allied Pinnacle NSW Pty Ltd v Dingo Flour Mill Pty Ltd

In the Supreme Court of New South Wales, Allied Pinnacle NSW Pty Ltd (the applicant) sought to restrain Dingo Flour Mill Pty Ltd (the respondent) from infringing its registered trade mark, "DINGO" (the mark), used in relation to flour and related products. The applicant alleged that the respondent's use of the mark "DINGO" on its own flour products constituted trade mark infringement and passing off.

The primary legal issues before the Court were whether the respondent's use of the "DINGO" mark on its flour products was likely to cause confusion among consumers, thereby infringing the applicant's registered trade mark under section 120(1) of the *Trade Marks Act 1995* (Cth). Additionally, the Court considered whether the respondent's conduct amounted to passing off, requiring proof of goodwill, misrepresentation, and damage.

The Court found that the applicant had established a strong case for trade mark infringement. It reasoned that the marks were identical and the goods were also identical, leading to a high probability of consumer confusion. The Court applied the principles of trade mark infringement, focusing on the likelihood of deception or confusion in the marketplace. Regarding the passing off claim, the Court determined that the applicant had also demonstrated sufficient goodwill in its mark and that the respondent's use of the identical mark on identical goods was likely to mislead consumers into believing that the respondent's products were associated with or endorsed by the applicant.

The Court granted an injunction restraining the respondent from using the "DINGO" mark in relation to flour and related products. The respondent was also ordered to pay the applicant's costs.