Fairmile Pty Limited v Skycoaster Inc

In the Supreme Court of Queensland, Justice Nancarrow considered a dispute between Fairmile Pty Limited and Skycoaster Inc. Fairmile sought to restrain Skycoaster from infringing its trade mark, "Skycoaster," by using the same mark in relation to amusement rides. Skycoaster, however, argued that its use of the mark was not an infringement and that Fairmile's trade mark was invalid.

The central legal issues before the Court were whether Skycoaster's use of the "Skycoaster" mark constituted a trade mark infringement of Fairmile's registered mark, and if so, whether Fairmile's trade mark was valid and ought to remain on the register. This involved an examination of the scope of Fairmile's registration and the nature of Skycoaster's activities.

Justice Nancarrow found that Skycoaster's use of the "Skycoaster" mark in relation to its amusement rides was likely to cause confusion among consumers, thereby infringing Fairmile's registered trade mark. The Court reasoned that the marks were identical and the goods and services were similar, satisfying the test for infringement under the relevant trade marks legislation. Furthermore, the Court was not satisfied that Fairmile's trade mark was invalid, and therefore, it ought to remain on the register.