Telstra Corporation Limited v Royal and Sun Alliance Insurance Australia Limited

In Telstra Corporation Limited v Royal and Sun Alliance Insurance Australia Limited, Telstra sought relief against RSA for their use of "Mr Goggomobil" in an advertising campaign for Shannons. Telstra argued that RSA's use of "Mr Goggomobil" infringed Telstra's copyright, amounted to misleading conduct and passing off under the Trade Practices Act 1974 (Cth), and constituted an unconscionable exploitation of Telstra's goodwill. RSA denied liability and argued that Telstra had waived any rights it had by not objecting to the campaign sooner.

The court needed to determine whether RSA's use of "Mr Goggomobil" constituted copyright infringement, misleading conduct or passing off, and whether Telstra had waived any rights by not objecting sooner. The court also needed to decide whether RSA's use of "Mr Goggomobil" amounted to unconscionable exploitation of Telstra's goodwill.

The court held that RSA's use of "Mr Goggomobil" did not infringe Telstra's copyright, nor did it amount to misleading conduct or passing off. The court found that Telstra had not waived any rights by not objecting sooner, as RSA was aware of Telstra's opposition to the campaign and proceeded with it regardless. The court granted Telstra an injunction against further broadcasting of the offending advertisement and ordered mediation in relation to damages. The court also dismissed Telstra's claims for copyright infringement, misleading conduct, and passing off in relation to other advertisements. The court reserved liberty to the parties to apply for further orders in relation to costs.