Flogineering Pty Ltd v Blu Logistics SA Pty Ltd

Flogineering Pty Ltd sued Blu Logistics SA Pty Ltd over alleged misleading or deceptive conduct and passing off related to the approval and use of a milk flowmetering system. The applicants alleged that Blu Logistics affixed an approval number to measuring instruments without the applicant's approval, and that this conduct engaged in misleading or deceptive conduct or conduct likely to mislead or deceive and amounted to passing off. The applicants sought declarations, an injunction and damages. The respondents denied the claims. The court was required to determine whether the affixing of an approval number to particular measuring instruments without the approval of the applicant engaged misleading or deceptive conduct or conduct likely to mislead or deceive and whether such conduct amounted to passing off. The court found that Blu Logistics did not engage in misleading or deceptive conduct or conduct likely to mislead or deceive, nor did they pass off their goods as those of the applicants. The applicants had not demonstrated that Blu Logistics had an intention to cause confusion or that such confusion was likely to occur. The applicants had also failed to demonstrate that Blu Logistics had acted dishonestly. The court found in favour of Blu Logistics on all claims. The applicants were to submit a declaration they proposed the Court might make within 14 days. The respondents were to submit any submissions they may wish to make on the question of whether a declaration is to be made and if so the terms of the declaration within 14 days. The parties were to submit submissions addressing the question of whether an injunction ought to be granted under s 232 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the question of whether an order for costs ought to be made at this point in the proceeding and if so the order to be made within 14 days. Costs were reserved pending the outcome of the submissions. Liberty to apply was granted.