Ricegrowers Co-Operative Ltd v Howling Success Australia Pty Ltd

The case of Ricegrowers Co-Operative Ltd v Howling Success Australia Pty Ltd involved a dispute between the applicant, Ricegrowers Co-Operative Limited, a company engaged in the business of manufacturing and selling rice-based horse feed pellets under the name "Coprice", and the respondent, Howling Success Australia Pty Ltd, which marketed a similar product under the name "Top-Rice Horse Pellets". The applicant sought interlocutory injunctive relief against the respondent for alleged contraventions of s.52 of the Trade Practices Act 1974 and for passing off. The legal issues before the court were whether the applicant had established a prima facie case for relief and whether the balance of convenience favoured the grant of interlocutory injunctive relief. The court found that there was a serious question to be tried on both the contravention of s.52 and passing off claims, and that the balance of convenience favoured the grant of relief. The court granted interlocutory injunctive relief against the respondent from advertising, promoting, displaying, offering for sale or selling any stockfeed product under or by reference to any name comprising or including "Top-Rice", "Coprice", or any name misleadingly or deceptively similar to "Coprice". The court also ordered the respondent to provide an undertaking as to damages and costs.