The Australian Olympic Committee v Hugh Thompson

The Australian Olympic Committee (AOC) sought an interlocutory injunction against Hugh Thompson to prevent him from using the AOC's registered trademarks, specifically the Olympic rings and the AOC logo, in connection with his business, which involved the sale of merchandise. The AOC alleged that Thompson's use of these trademarks constituted infringement and passing off. The matter came before Nancarrow J in the Supreme Court of New South Wales.

The central legal issues before the court were whether Thompson's use of the AOC's trademarks was likely to cause confusion or deceive the public into believing that his business was affiliated with or endorsed by the AOC, and whether such use constituted a breach of the AOC's exclusive rights to those trademarks. The court was required to consider the principles of trademark infringement and the tort of passing off, particularly in the context of an application for interlocutory relief where the ultimate merits of the case were not finally determined.

Nancarrow J applied the established principles for granting interlocutory injunctions, requiring the AOC to demonstrate a serious question to be tried and that damages would not be an adequate remedy. The court found that the AOC had established a strong prima facie case of trademark infringement and passing off, noting the distinctive nature of the Olympic rings and the AOC logo and the likelihood of public confusion arising from Thompson's commercial use of these marks. The judge considered the potential damage to the AOC's reputation and commercial interests if the injunction were not granted.

The court ordered that an interlocutory injunction be granted, restraining Hugh Thompson from using the AOC's registered trademarks in connection with his business pending the final determination of the proceedings.