Kettle Chip Co Pty Ltd v Apand Pty Ltd

The Federal Court of Australia, specifically the New South Wales District Registry, dealt with the case of Kettle Chip Co Pty Ltd v Apand Pty Ltd (No. G767 of 1991). The case involved Levi Strauss & Co and Levi Strauss (Australia) Pty Limited as the applicants, and Wingate Marketing Pty Limited and Eileen Mary Woolley as the respondents. The primary dispute centred on allegations of trademark infringement and non-compliance with care labelling standards as per the Trade Practices Act 1974.

The court had to determine whether the respondents had infringed on the applicants' registered trademarks by using the mark "REVISE" on denim jeans and shorts bearing the applicants' Levi's trademarks. Additionally, the court examined if the respondents had infringed on the applicants' other trademarks by selling or offering for sale substantially altered jeans originally made by or with the authority of the applicants. The case also required the court to decide whether the respondents had breached Section 65D of the Trade Practices Act 1974 by supplying goods without proper care labelling.

The court concluded that there was insufficient evidence to establish a breach of the care labelling requirements by the respondents. The applicants' evidence, which included isolated incidents, did not meet the standard of proof necessary to warrant an injunction. The court noted that the evidence provided did not convincingly demonstrate ongoing non-compliance with the labelling standards. Consequently, the court declined to grant relief on this issue. The court did, however, issue injunctions against the respondents for trademark infringements and ordered an accounting of profits derived from the infringing activities. The respondents were also directed to pay costs and provide documents for inspection relevant to the profits accounting. The case was listed for further directions.