Quality Bakers Australia Limited v Golden Crumpet Co A'Asia (Extended) Pty Limited

Quality Bakers Australia Limited (the applicant) sought to restrain Golden Crumpet Co A'Asia (Extended) Pty Limited (the respondent) from infringing its registered trade mark "Golden Crumpet" for bread rolls and related bakery products. The applicant alleged that the respondent's use of the mark "Golden Crumpet" on its own crumpet products constituted a breach of section 120(1) of the *Trade Marks Act 1995* (Cth) and constituted passing off.

The primary legal issue before the court was whether the respondent's use of the mark "Golden Crumpet" was likely to deceive or cause confusion among consumers, thereby infringing the applicant's registered trade mark. This involved an assessment of the similarity of the marks, the similarity of the goods, and the strength of the applicant's mark. A secondary issue was whether the respondent's conduct amounted to passing off, requiring proof of goodwill, misrepresentation, and damage.

The court considered the evidence presented by both parties regarding the use of the marks and the nature of the goods. It applied the well-established principles for assessing trade mark infringement and passing off, focusing on the likelihood of deception or confusion in the marketplace. The court found that the marks were identical and the goods were closely related, leading to a strong likelihood of confusion.

The court found in favour of the applicant, granting an injunction to restrain the respondent from using the mark "Golden Crumpet" and ordering the respondent to pay the applicant's costs.