Unilever Plc v Meadow Lea Foods Limited

Unilever Plc (Unilever) brought proceedings against Meadow Lea Foods Limited (Meadow Lea) in the Federal Court of Australia concerning alleged breaches of trade mark rights. Unilever, the owner of the registered trade mark "Streaky Bacon" for bacon products, alleged that Meadow Lea had infringed its trade mark by using the term "Streaky Bacon" in relation to its own bacon products. Unilever sought an injunction and damages.

The primary legal issue before the Court was whether Meadow Lea's use of the term "Streaky Bacon" constituted an infringement of Unilever's registered trade mark. This required the Court to consider whether the term "Streaky Bacon" had acquired distinctiveness as a trade mark for Unilever's products, and if so, whether Meadow Lea's use of the term was likely to deceive or cause confusion among consumers as to the origin of the goods.

T. Williams J found that the term "Streaky Bacon" had not acquired the necessary distinctiveness to function as a trade mark for Unilever. The Court reasoned that "streaky bacon" was a descriptive term commonly used in the trade and by consumers to describe a particular type of bacon characterised by its fat content and appearance. Consequently, Meadow Lea's use of the term was not an infringement of Unilever's trade mark rights. The Court therefore dismissed Unilever's application.