Baxter & Co Pty Ltd v the Australian Olympic Committee Inc

Baxter & Co Pty Ltd (the applicant) sought an interlocutory injunction against the Australian Olympic Committee Inc (the respondent) to restrain the respondent from using the applicant's registered trade mark, "Olympics", in relation to certain goods. The applicant alleged that the respondent's proposed use of the trade mark would infringe its registered rights and cause it irreparable harm. The matter came before Homann J in the Supreme Court of New South Wales.

The central legal issue before the court was whether the applicant had established a strong prima facie case of trade mark infringement, which is a prerequisite for the grant of an interlocutory injunction. This involved determining whether the respondent's proposed use of the word "Olympics" in relation to its goods was likely to deceive or confuse consumers as to the origin of those goods, thereby infringing the applicant's exclusive rights in its registered trade mark.

Homann J considered the evidence presented by both parties regarding the nature of the applicant's business and its use of the trade mark, as well as the respondent's proposed use. The court applied the well-established principles for granting interlocutory injunctions, including the need to demonstrate a serious question to be tried and that the balance of convenience favoured the granting of the injunction. His Honour found that the applicant had not demonstrated a strong prima facie case of infringement, particularly in light of the respondent's statutory rights and the distinct nature of the goods in question. The court also considered the potential prejudice to each party if the injunction were granted or refused.

The application for an interlocutory injunction was dismissed.