The Cultural Intelligence Project Pty Ltd v The Entourage Education Group Pty Ltd

In *The Cultural Intelligence Project Pty Ltd v The Entourage Education Group Pty Ltd*, Baird J of the Supreme Court of Victoria considered an application for an interlocutory injunction. The applicant, The Cultural Intelligence Project Pty Ltd, sought to restrain The Entourage Education Group Pty Ltd from using a registered trademark, referred to as "the Mark," in connection with an upcoming event. The dispute arose from the respondent's proposed use of the Mark as part of the name for its "Summit" and "masterclass" events.

The central legal issues before the court were whether the applicant had established a strong prima facie case of trademark infringement and, if so, how the balance of convenience favoured the granting of an injunction. Specifically, the court had to determine if the respondent's proposed use of the Mark fell within the scope of the applicant's registered trademark and whether the potential harm to the applicant's exclusive rights outweighed the financial and logistical damage the respondent might suffer if an injunction were granted.

Baird J reasoned that the applicant had demonstrated a strong prima facie case, noting that the respondent's proposed use of the Mark, even with descriptive additions, directly incorporated the registered word mark. The court applied the principle that a word mark registered in block capitals protects against the use of that word in any legible form, citing established authority. The judge found that the respondent's conduct plainly fell within section 120(1) of the relevant Act, constituting infringement. Turning to the balance of convenience, the court acknowledged the respondent's concerns about financial damage but emphasised that the exclusive rights granted by trademark registration, once lost, are difficult to compensate or regain. The court found that the applicant's concern about irreversible damage to its monopoly was significant.

Ultimately, Baird J granted an interlocutory injunction, but in a modified form to minimise disruption to the respondent's pre-recorded seminar sessions. The injunction was designed to balance the applicant's rights with the respondent's incurred costs and efforts, particularly given that some recordings were made after the respondent had notice of the applicant's Mark. The orders were made effective from a specific date and time to allow the respondent a short period to comply.