Nurofen Limited v Use Techno Corporation

Nurofen Limited (the applicant) sought an interlocutory injunction against Use Techno Corporation (the respondent) to restrain the alleged infringement of its registered trade mark "NUROFEN" and passing off. The application was heard in the Federal Court of Australia.

The primary legal issues before the Court were whether the applicant had established a serious question to be tried regarding trade mark infringement and passing off, and whether the balance of convenience favoured the grant of an interlocutory injunction. Specifically, the Court had to consider whether the respondent's use of the mark "NUROFEN" on its products was likely to cause confusion among consumers, thereby infringing the applicant's registered trade mark and constituting passing off.

In determining whether to grant the interlocutory injunction, the Court applied the principles established in *Australian Broadcasting Corporation v O'Neill*. This required the applicant to demonstrate a serious question to be tried and that the balance of convenience favoured the grant of the injunction. The Court considered the strength of the applicant's case, the potential for damage to the applicant if the injunction was not granted, and the potential for damage to the respondent if the injunction was granted. The Court also considered the public interest.

The Court ultimately granted the interlocutory injunction, finding that the applicant had established a serious question to be tried and that the balance of convenience favoured the grant of the injunction. The respondent was restrained from using the mark "NUROFEN" or any mark likely to cause confusion with the applicant's registered trade mark pending the final determination of the proceedings.