TWG Tea Company Pte. Ltd v Tsit Wing International Company Limited

TWG Tea Company Pte. Ltd (TWG) and Tsit Wing International Company Limited (Tsit Wing) were parties to proceedings before the Federal Court of Australia. The dispute concerned allegations by TWG that Tsit Wing had infringed its registered trade mark, specifically the word mark "TWG TEA" and a device mark featuring a teapot and tea leaves, in relation to tea products. TWG sought interlocutory relief to restrain Tsit Wing from using the impugned trade marks.

The primary legal issue before the Court was whether TWG had established a sufficient likelihood of success in its trade mark infringement claim to warrant the grant of interlocutory relief. This required the Court to consider whether Tsit Wing's use of its own trade marks, which included the words "TWG" and a similar device, was likely to cause deception or confusion among consumers, thereby infringing TWG's registered trade marks under the *Trade Marks Act 1995* (Cth).

Justice Murray applied the well-established principles for granting interlocutory injunctions, focusing on the likelihood of success in the substantive proceedings and the balance of convenience. Her Honour considered the degree of visual and phonetic similarity between the respective trade marks, the nature of the goods in question, and the likely market for those goods. The Court's reasoning involved a careful comparison of the marks, taking into account the overall impression conveyed to the relevant consumer. The balance of convenience was assessed by weighing the potential harm to TWG if the injunction were not granted against the potential harm to Tsit Wing if it were.

The Court ultimately granted the interlocutory injunction sought by TWG, finding that TWG had demonstrated a sufficient likelihood of success in its trade mark infringement claim and that the balance of convenience favoured the grant of relief. Tsit Wing was restrained from using its impugned trade marks pending the final determination of the proceedings.