Conrdon Bleu International Ltee v Renaud Cointreau & Cie and Le Cordon Bleu B.V

The dispute before the Federal Court of Australia concerned the alleged infringement of registered trade marks by the respondent, Le Cordon Bleu B.V., and its associated entities, including the appellant, Cordon Bleu International Ltee. The appellant, a Canadian company, and the respondent, a Dutch company, both operate culinary and hospitality schools under the name "Le Cordon Bleu". The applicant, Renaud Cointreau & Cie, a French company, is the registered owner of several Australian trade marks incorporating the name "Le Cordon Bleu" and associated logos, which it licenses to the respondent entities. The applicant alleged that the appellant's use of the name "Cordon Bleu" in relation to its own culinary school operations in Australia constituted trade mark infringement and misleading or deceptive conduct.

The primary legal issues before the Court were whether the appellant's use of the name "Cordon Bleu" infringed the applicant's registered trade marks, and whether such use amounted to misleading or deceptive conduct under the Australian Consumer Law. Specifically, the Court had to determine if the appellant's use of the mark was likely to cause confusion among consumers as to the origin or affiliation of its services, thereby infringing the exclusive rights granted by the registered trade marks. The Court also considered whether the appellant's conduct was likely to deceive or confuse the public regarding the connection between the appellant's school and the applicant's well-established international network of culinary schools.

The Court found that the appellant's use of the name "Cordon Bleu" was indeed likely to cause confusion and therefore infringed the applicant's registered trade marks. The reasoning focused on the distinctiveness and reputation of the "Le Cordon Bleu" brand, which had been established in Australia for many years through the applicant's licensed operations. The Court applied the principles of trade mark law, which protect registered marks from unauthorised use that is likely to deceive or cause confusion. Furthermore, the Court found that the appellant's conduct was misleading or deceptive under the Australian Consumer Law, as it created a false impression of a connection with the applicant's globally recognised culinary institution.

The Court ordered that the appellant be permanently restrained from using the name "Cordon Bleu" in Australia in connection with the provision of culinary and hospitality training services. The appellant was also ordered to pay the applicant's costs of the proceedings.