Trebor Bassett Limited v Henry Jones Foods Pty Ltd

Trebor Bassett Limited (the applicant) sought an interlocutory injunction against Henry Jones Foods Pty Ltd (the respondent) to restrain the respondent from infringing the applicant's trade mark. The dispute concerned the use of the trade mark "CHOCOLATE MINTS" in relation to confectionery products. The application was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the applicant was entitled to an interlocutory injunction. This required the court to consider the established principles for granting such relief, namely whether there was a serious question to be tried regarding trade mark infringement, whether damages would be an inadequate remedy for the applicant, and where the balance of convenience lay. The court also had to determine whether the applicant's trade mark was valid and had been infringed by the respondent's use of the mark.

In reaching its decision, the court applied the principles established in *Australian Broadcasting Corporation v O'Neill*. It found that the applicant had established a serious question to be tried regarding the validity and infringement of its trade mark. The court considered that damages would likely be an inadequate remedy for the applicant, given the potential for loss of goodwill and market share. The balance of convenience was also found to favour the applicant, as the potential harm to the applicant from continued infringement outweighed the potential harm to the respondent from being restrained from using the mark. The court noted that the respondent had not established a strong defence to the infringement claim.

The court ordered that an interlocutory injunction be granted, restraining the respondent from using the trade mark "CHOCOLATE MINTS" in relation to its confectionery products until the trial of the action or further order.