Microcom Pty Ltd v Microcom Systems Inc

Microcom Pty Ltd (the applicant) sought an interlocutory injunction against Microcom Systems Inc (the respondent) to restrain the respondent from infringing its trade mark. The dispute concerned the use of the trade mark "MICROCOM" in relation to computer hardware and software. The application was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the applicant had established a strong enough prima facie case of trade mark infringement to warrant the grant of an interlocutory injunction. This involved considering the likelihood of confusion among consumers given the similarity of the trade marks and the overlapping nature of the goods and services offered by both parties. The court also had to assess whether the balance of convenience favoured granting or refusing the injunction.

In reaching its decision, the court applied the principles governing the grant of interlocutory injunctions, particularly the test established in *Australian Broadcasting Corporation v O’Neill*. This requires the applicant to demonstrate a serious question to be tried and that damages would not be an adequate remedy. The court considered the strength of the applicant's registered trade mark, the degree of visual, aural, and conceptual similarity between the marks, and the potential for deception or confusion in the marketplace. The court found that there was a serious question to be tried regarding trade mark infringement and that the balance of convenience favoured the applicant.

The court ordered that the respondent be restrained from using the trade mark "MICROCOM" in relation to computer hardware and software pending the final determination of the proceedings.