White International Pty Ltd v Whites Powersports Australia Pty Ltd

White International Pty Ltd (the applicant) sought an interlocutory injunction against Whites Powersports Australia Pty Ltd (the respondent) to restrain alleged infringement of its Australian trade mark registrations. The dispute concerned the use of the name "Whites" in relation to the sale of goods and services.

The primary legal issue before the court was whether the applicant had established a sufficient likelihood of success in its claim for trade mark infringement to warrant the grant of an interlocutory injunction. This required the court to consider the strength of the applicant's registered trade marks and the likelihood of confusion arising from the respondent's use of its name.

The court applied the principles governing the grant of interlocutory injunctions, which require the applicant to demonstrate a serious question to be tried and that the balance of convenience favours the grant of the injunction. In assessing the likelihood of confusion, the court considered the similarity of the marks, the nature of the goods and services, and the likely perception of the relevant consumers. The court referred to established authorities on trade mark infringement and the principles for granting interlocutory relief.