Volvo Car Corporation v C & B King & Sons Pty Ltd

In the Federal Court of Australia, Justice Edmonds considered a dispute between Volvo Car Corporation and C & B King & Sons Pty Ltd concerning the alleged infringement of registered trade marks. Volvo alleged that C & B King & Sons had infringed its registered trade marks by using the word "VOLVO" in relation to the sale of motor vehicles and parts, and by using a similar mark in relation to the sale of motor vehicles and parts. Volvo sought an injunction and damages.

The primary legal issue before the Court was whether C & B King & Sons had infringed Volvo's registered trade marks under the *Trade Marks Act 1995* (Cth). This involved determining whether the use of the mark by C & B King & Sons was for the purpose of trade or business, and whether that use was likely to deceive or cause confusion among the public as to the connection between the goods or services offered by C & B King & Sons and those offered by Volvo.

Justice Edmonds reasoned that the use of the word "VOLVO" by C & B King & Sons in advertising and on invoices for the sale of motor vehicles and parts was indeed an infringement of Volvo's registered trade marks. The Court found that the use was in the course of trade and was likely to deceive or cause confusion. The Court also considered the use of a similar mark, finding it to be an infringement for similar reasons. The legal principles applied centred on the interpretation of the *Trade Marks Act 1995* (Cth), particularly sections relating to infringement and the likelihood of deception or confusion.

The Court ordered that C & B King & Sons be restrained from infringing Volvo's registered trade marks, and that they pay Volvo's costs of the proceeding.