De Beers Centenary AG v Shenzhen Millenium Star Industry Development Co

De Beers Centenary AG (De Beers) and Shenzhen Millenium Star Industry Development Co (Millenium Star) were parties to a dispute concerning the alleged infringement of De Beers' registered trade mark for a diamond-shaped device. De Beers sought an interlocutory injunction to restrain Millenium Star from using a similar device on its packaging and promotional materials. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether De Beers 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 Millenium Star's use of its device was likely to cause confusion or deception among consumers, thereby infringing De Beers' exclusive rights in its registered trade mark.

Justice Kirov considered the visual similarities between the two devices and the nature of the goods upon which they were used. The Court applied the established principles for assessing trade mark infringement, focusing on the likelihood of deception or confusion in the marketplace. His Honour found that there was a strong prima facie case of infringement, noting that the visual resemblance was significant and that both parties operated in the diamond industry, increasing the potential for consumer confusion. The Court also considered the balance of convenience, finding that the potential harm to De Beers' reputation and goodwill if the injunction were not granted outweighed the potential prejudice to Millenium Star.

Consequently, the Court granted the interlocutory injunction sought by De Beers, restraining Millenium Star from using the impugned device pending the final determination of the proceedings.