Fodmap Pty Ltd v Monash University

Fodmap Pty Ltd (Fodmap) and Monash University (Monash) were the parties in proceedings before the Federal Court of Australia. Fodmap sought declarations that it had not infringed Monash's trade mark, and that Monash's trade mark was invalid. Fodmap also sought an order for Monash to pay its costs. Monash counterclaimed for trade mark infringement and sought an injunction and damages.

The central legal issues before the Court were whether Fodmap's use of the term "FODMAP" constituted trade mark infringement of Monash's registered trade mark "Monash FODMAP", and whether Monash's trade mark was valid and ought to remain on the Register. This involved considering the scope of Monash's trade mark rights and whether Fodmap's use of the term was deceptive or misleading, or otherwise infringed Monash's exclusive rights.

The Court's reasoning focused on the nature of the term "FODMAP" and its use in the marketplace. It considered evidence regarding the origin and common usage of the term, and whether it had become a generic descriptor for a particular type of diet. The Court applied principles of trade mark law relating to infringement, validity, and the potential for a mark to become generic. The Court also considered the specific circumstances of Fodmap's commercial activities and the manner in which it used the term "FODMAP".

The Court found that Monash's trade mark was valid and that Fodmap had infringed that trade mark. Accordingly, the Court ordered that Fodmap be restrained from infringing Monash's trade mark and ordered Fodmap to pay Monash's costs.