Australian Olympic Committee v Courier Luggage Pty Ltd

The Australian Olympic Committee (AOC) sought an interlocutory injunction against Courier Luggage Pty Ltd to prevent the latter from using the Olympic rings and the AOC's logo on its luggage. The AOC alleged that Courier Luggage's use of these symbols constituted a breach of the Olympic Symbols Protection Act 1995 (Cth) and constituted passing off. The matter came before the Federal Court of Australia.

The primary legal issues before the court were whether Courier Luggage's use of the Olympic rings and the AOC's logo was likely to deceive or confuse the public into believing that the luggage was officially endorsed or associated with the AOC, and whether such use infringed the AOC's rights under the Olympic Symbols Protection Act 1995. The court was required to consider the scope of protection afforded by the Act and the principles of passing off in the context of Olympic symbols.

The court applied the principles of interlocutory injunctions, requiring the AOC to demonstrate a serious question to be tried and that the balance of convenience favoured granting the injunction. It considered the potential for damage to the AOC's reputation and commercial interests if the injunction were not granted. The court analysed the visual similarities between the impugned symbols and those of the AOC, and the likelihood of consumers making a mistaken association. The court found that there was a serious question to be tried regarding the alleged breaches of the Olympic Symbols Protection Act and passing off.

The court granted the interlocutory injunction, restraining Courier Luggage from using the Olympic rings and the AOC's logo on its luggage pending the final determination of the proceedings.