Sassaby Inc v Janet Cosmetics Pty Limited

Sassaby Inc (the applicant) sought an interlocutory injunction against Janet Cosmetics Pty Limited (the respondent) to restrain the respondent from infringing its trade mark. The applicant alleged that the respondent's use of the mark "Sassaby" in relation to cosmetic products constituted a breach of its registered trade mark "Sassaby" for similar goods. The matter came before Purvis-Smith J in the Federal Court of Australia.

The primary legal issue before the court was whether the applicant had established a sufficient likelihood of success in its claim for trade mark infringement to warrant the grant of an interlocutory injunction. This required the court to consider the degree of similarity between the respective marks, the similarity of the goods in relation to which the marks were used, and the likelihood of deception or confusion among consumers.

Purvis-Smith J applied the well-established principles governing the grant of interlocutory injunctions, particularly the test for trade mark infringement under the *Trade Marks Act 1995* (Cth). His Honour assessed the visual, aural, and conceptual similarities between the marks, finding them to be identical. Furthermore, the goods, namely cosmetic products, were considered to be closely related. His Honour concluded that there was a strong likelihood that consumers would be deceived or confused into believing that the respondent's products originated from or were associated with the applicant. This likelihood of confusion was sufficient to establish a serious question to be tried and to satisfy the balance of convenience in favour of granting the injunction.

The court ordered that an interlocutory injunction be granted, restraining the respondent from using the mark "Sassaby" in relation to cosmetic products pending the final determination of the proceedings.