Hachette Filipacchi Presse v Reitmans (Canada) Limited

This matter concerned an application by Hachette Filipacchi Presse (Hachette) for an interlocutory injunction against Reitmans (Canada) Limited (Reitmans) to restrain the use of the trademark "ELLE" in relation to certain clothing and accessories. Hachette, the owner of the registered trademark "ELLE" for a wide range of goods including clothing, alleged that Reitmans' use of the same mark on similar goods constituted infringement and passing off. The application was heard by Nicole Worth J in the Federal Court of Australia.

The central legal issues before the Court were whether Hachette had established a serious question to be tried regarding trademark infringement and passing off, and whether the balance of convenience favoured granting an interlocutory injunction. Specifically, the Court had to consider the likelihood of confusion among consumers given the identical nature of the trademarks and the overlapping classes of goods, and whether Reitmans' use of the mark was likely to deceive or cause confusion as to the origin of the goods.

In her reasoning, Nicole Worth J applied the well-established principles for granting interlocutory injunctions, requiring Hachette to demonstrate a serious question to be tried and that the balance of convenience favoured the injunction. The Court considered the strength of Hachette's registered trademark and the potential for damage to its reputation and goodwill if Reitmans were permitted to continue using the "ELLE" mark. The assessment of the balance of convenience involved weighing the potential harm to Hachette from the refusal of an injunction against the potential harm to Reitmans from its grant.

The Court ultimately granted the interlocutory injunction, finding that Hachette had established a serious question to be tried and that the balance of convenience favoured the grant of the injunction. Reitmans was restrained from using the trademark "ELLE" in relation to clothing and accessories pending the final determination of the proceedings.