Apparel Group Pty Ltd v Lidl Stiftung & Co Kg

Apparel Group Pty Ltd (Apparel) sought interlocutory injunctive relief against Lidl Stiftung & Co Kg (Lidl) to restrain alleged contraventions of Apparel's registered trade mark, specifically the word mark "APPAREL" and the device mark "APPAREL" featuring a stylised "A". Apparel contended that Lidl's use of the mark "APPAREL" in relation to clothing and related goods infringed its registered trade marks. The application was heard in the Federal Court of Australia by Justice Wilson.

The central legal issue before the Court was whether Lidl's use of the mark "APPAREL" constituted an infringement of Apparel's registered trade marks under the *Trade Marks Act 1995* (Cth). This required the Court to consider the scope of Apparel's registered rights and to assess the likelihood of confusion or deception arising from Lidl's use of the identical mark in relation to identical goods.

Justice Wilson applied the principles of trade mark infringement, focusing on the comparison of the marks and the goods. The Court found that the marks were identical and the goods were identical. Consequently, the Court concluded that there was a strong likelihood of deception and confusion among consumers. The Court noted that Lidl had not provided any evidence to suggest that its use of the mark was not infringing, nor had it sought to justify its use. Accordingly, the Court granted the interlocutory injunction sought by Apparel.