Intersport Limited v Nike International Limited

In *Intersport Limited v Nike International Limited*, the Federal Court of Australia considered a dispute between Intersport Limited, a retailer, and Nike International Limited, a well-known sportswear manufacturer. The core of the disagreement concerned allegations of trademark infringement and passing off. Intersport had been using a logo that Nike claimed was confusingly similar to its own registered trademarks, leading to a perception among consumers that Intersport's products were associated with Nike.

The court was tasked with determining whether Intersport's use of its logo constituted an infringement of Nike's registered trademarks under the *Trade Marks Act 1995* (Cth). Specifically, the court had to assess whether the marks were identical or deceptively similar, and whether Intersport's use was in relation to goods or services for which the Nike marks were registered. Additionally, the court considered whether Intersport's conduct amounted to passing off, requiring an examination of whether Nike had established goodwill or reputation in its mark, whether Intersport had made a misrepresentation likely to deceive consumers into believing its goods were those of Nike, and whether Nike had suffered or was likely to suffer damage as a result.

Justice T. Williams applied established principles of trademark law and the tort of passing off. The court analysed the visual and conceptual similarities between the logos, considering the average consumer's imperfect recollection. It was held that the marks were deceptively similar, and that Intersport's use of its logo was likely to cause confusion and damage to Nike's reputation and goodwill. The court found that Intersport had engaged in both trademark infringement and passing off.