FoodPLUS GmbH v George Sokol

In the matter of *FoodPLUS GmbH v George Sokol*, the Federal Court of Australia considered a dispute between FoodPLUS GmbH, the applicant, and George Sokol, the respondent. The core of the disagreement concerned the alleged infringement of FoodPLUS GmbH's trade mark, specifically the word mark "FOODPLUS", by George Sokol's use of the mark "FOOD PLUS" in relation to similar goods and services.

The primary legal issue before the Court was whether George Sokol's use of the mark "FOOD PLUS" constituted an infringement of FoodPLUS GmbH's registered trade mark "FOODPLUS" under the *Trade Marks Act 1995* (Cth). This involved determining whether the marks were substantially identical or deceptively similar, and whether the goods and services for which the marks were used were closely related.

Justice McDonagh reasoned that the marks "FOODPLUS" and "FOOD PLUS" were substantially identical due to the absence of a space in the applicant's mark and the presence of a space in the respondent's mark, which did not create a material difference. The Court found that the goods and services in question, relating to food products and related services, were also sufficiently similar. Consequently, the Court concluded that there was a strong likelihood of deception or confusion among consumers, leading to a finding of trade mark infringement.

The Court ordered that George Sokol be restrained from using the mark "FOOD PLUS" in relation to the specified goods and services and ordered that he pay the costs of FoodPLUS GmbH.