Women in Film and Television Inc v Lee McIvor

In the Federal Court of Australia, Women in Film and Television Inc (WIFT) sought to restrain Ms Lee McIvor from using the name "Women in Film and Television" and the acronym "WIFT" in relation to her business activities. WIFT, a non-profit organisation established in 1989, aimed to promote and support women in the film and television industry. Ms McIvor commenced operating a business under the name "Women in Film and Television" in 2019, offering services such as networking events and workshops. WIFT alleged that Ms McIvor's use of the name and acronym constituted misleading and deceptive conduct and trade mark infringement.

The primary legal issues before the Court were whether Ms McIvor's conduct was misleading or deceptive under section 18 of the Australian Consumer Law, and whether her use of the name and acronym infringed WIFT's registered trade marks. Specifically, the Court had to determine if there was a likelihood of deception or confusion among consumers, and if Ms McIvor's use of the name was in relation to goods or services for which WIFT's trade marks were registered.

Justice Terry Williams found that Ms McIvor's use of the name "Women in Film and Television" and the acronym "WIFT" was likely to deceive or confuse consumers into believing that her business was affiliated with or endorsed by WIFT. This conclusion was based on the substantial overlap in the industries served and the potential for consumers to associate Ms McIvor's services with the established reputation and goodwill of WIFT. The Court also found that Ms McIvor's use of the name constituted trade mark infringement, as it was used in relation to services for which WIFT's trade marks were registered, and was likely to cause confusion.

The Court ordered that Ms McIvor be restrained from using the name "Women in Film and Television" and the acronym "WIFT" in connection with her business activities. Ms McIvor was also ordered to pay WIFT's costs of the proceeding.