Automotive Product Licencing Pty Ltd v Superstop Brake & Clutch Pty Ltd

Automotive Product Licencing Pty Ltd (APL) sought an interlocutory injunction against Superstop Brake & Clutch Pty Ltd (Superstop) to restrain Superstop from infringing APL's registered trade mark 'SUPERSTOP' for brake and clutch parts. APL alleged that Superstop's use of the mark 'SUPERSTOP BRAKE & CLUTCH' on its own brake and clutch parts constituted trade mark infringement and misleading and deceptive conduct under the *Australian Consumer Law*. The application was heard by Heath Wilson in the Federal Court of Australia.

The primary legal issues before the court were whether Superstop's use of the 'SUPERSTOP BRAKE & CLUTCH' mark was likely to cause confusion among consumers as to the origin of the goods, thereby infringing APL's registered trade mark. Additionally, the court had to consider whether Superstop's conduct was likely to mislead or deceive consumers regarding the connection between the parties' businesses or the goods they supplied, in contravention of the *Australian Consumer Law*.

In determining the likelihood of infringement, the court applied the well-established test of whether an ordinary, honest, and reasonable member of the purchasing public would be confused or deceived into believing that Superstop's goods were either manufactured by APL or were in some way associated with APL. The court considered the similarity of the marks, the similarity of the goods, and the relevant market. Regarding the *Australian Consumer Law* claim, the court assessed whether Superstop's conduct created a false impression about the commercial relationship between the parties.

The court granted the interlocutory injunction, finding that APL had established a strong prima facie case of trade mark infringement and misleading or deceptive conduct. The court concluded that the visual and phonetic similarities between the marks, coupled with the identical nature of the goods, created a significant likelihood of confusion in the marketplace. Consequently, Superstop was restrained from using the 'SUPERSTOP BRAKE & CLUTCH' mark pending the final determination of the proceedings.