Infocus Corporation v in Focus DVD Pty Limited

Infocus Corporation (the applicant) sought to restrain in Focus DVD Pty Limited (the respondent) from infringing its trade mark "IN FOCUS" and passing off its goods as those of the applicant. The applicant, a United States-based company, manufactured and sold projectors and related audio-visual equipment under the "IN FOCUS" trade mark. The respondent, an Australian company, imported and sold DVD players and related accessories under the name "in Focus DVD". The dispute came before the Federal Court of Australia.

The primary legal issues before the Court were whether the respondent's use of the name "in Focus DVD" infringed the applicant's registered trade mark "IN FOCUS" and whether the respondent had engaged in conduct that amounted to passing off. Specifically, the Court had to consider the scope of the applicant's trade mark registration, the degree of similarity between the marks, and the likelihood of confusion among consumers given the nature of the goods and the respective trading activities of the parties.

Justice Nancarrow found that while the marks were similar, the goods were sufficiently different in nature and purpose, and the trading channels were not so closely aligned as to create a real likelihood of confusion in the minds of the relevant consumers. The applicant's goods were high-end audio-visual equipment, whereas the respondent's goods were consumer-level DVD players. The Court concluded that the respondent's use of its name did not infringe the applicant's trade mark nor did it amount to passing off, as there was no misrepresentation likely to deceive or cause confusion.

Consequently, the Court dismissed the applicant's application for an injunction and ordered the applicant to pay the respondent's costs.