Brookfield & Anor v Yevad Products Pty Ltd (formerly trading as Davey Products Pty Ltd)

Brookfield & Anor (the applicants) sought to restrain Yevad Products Pty Ltd (the respondent) from infringing their trade mark, "Davey", used in relation to water pumps and related goods. The applicants alleged that the respondent, which had previously traded as Davey Products Pty Ltd, had used the name "Davey" in its corporate name and in relation to its business activities in a manner likely to deceive or cause confusion, thereby infringing their registered trade mark. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the respondent's use of the name "Davey" in its corporate name and in connection with its business constituted an infringement of the applicants' registered trade mark "Davey" under the relevant provisions of the *Trade Marks Act 1995* (Cth). This involved determining whether the respondent's use of the mark was "substantially identical or deceptively similar" to the applicants' registered mark, and whether such use was in relation to goods or services for which the mark was registered, or in a manner likely to deceive or cause confusion.

The High Court considered the principles of trade mark infringement, particularly the test for deceptive similarity. It was held that the respondent's use of the name "Davey" in its corporate identity and business operations was indeed deceptively similar to the applicants' registered trade mark. The Court reasoned that the respondent's prior association with the "Davey" name, even though it had ceased trading under that name, did not provide a defence to trade mark infringement. The focus was on the likelihood of consumers being misled into believing that the respondent's goods or services were associated with, or endorsed by, the proprietor of the registered trade mark.

The High Court found in favour of the applicants, holding that the respondent had infringed their trade mark. The Court made orders restraining the respondent from using the name "Davey" in its corporate name and in connection with its business activities.