Vitaco Health IP Pty Ltd v Afi Cosmetic Pty Ltd

Vitaco Health IP Pty Ltd (VHIP) and Vitaco Holdings Pty Ltd (VHAU), collectively referred to as the applicants, sought an interlocutory injunction against Afi Cosmetic Pty Ltd (the first respondent) to restrain the ongoing online publication of two identical websites. The applicants claimed that these websites contained flagrant infringements and misleading material directed at Australian consumers, including a statement falsely indicating that the first respondent had "partnered" with Vitaco. The court had to determine whether the applicants had established a strong prima facie case of trade mark and copyright infringement, as well as a breach of sections 18 and 29 of the Australian Consumer Law, and whether the balance of convenience favoured the grant of the injunction.

The applicants established that they own registered trade marks for the "Healtheries" brand and copyright in related logos, which have been used for many years in the Australian market. The first respondent's websites used these trade marks and logos without authorisation, falsely claiming a partnership with Vitaco. The applicants demonstrated that the misleading statements on the websites could cause confusion and damage to their reputation. The court found that the applicants had shown a strong prima facie case of infringement and that the balance of convenience favoured the grant of the injunction, as the first respondent's actions could cause irreparable harm to the applicants' business and reputation.

Accordingly, the court granted the interlocutory injunction in the form requested by the applicants. The injunction required the first respondent to cease publishing the two websites, using the disputed trade marks in relation to similar goods or services, and reproducing the copyrighted artistic works. The injunction was to remain in effect until the first day of trial or until further order.