CONSUMER LAW – application for permanent injunctions pursuant to s 232 of the Australian Consumer Law restraining the respondents from representing that the second respondent is the owner of the relevant intellectual property and trade marks of the Blue Carbon Lab – application for mandatory injunction requiring the second respondent to change its name – application for injunction restraining first respondent from being involved in the conduct of the second respondent the subject of the alleged breach of the Australian Consumer Law – trade of carrying out environmental research services on a commercial basis – applicant alleged respondents were not the owners of the goodwill associated with the Blue Carbon Lab and its associated logo – applicant alleged misleading and deceptive conduct pursuant to s 18 of the Australian Consumer Law – applicant is the owner of the goodwill of the lab – disposition of a source of goodwill might reduce the value of the goodwill but does not extinguish it – first respondent was an employee of the applicant and undertook the lab’s activities in that capacity – the first respondent’s use of the name and marks as an employee for commercial endeavours was the applicant’s use – applications for injunctions granted
TRADE MARKS – application for rectification of the Register of Trade Marks pursuant to s 88 of the Trade Marks Act 1995 (Cth) – applicant alleges that the respondents registered logo mark of the Blue Carbon Lab in bad faith and not as owner of the mark – state of mind is relevant to the assessment of bad faith – first respondent subjectively believed he owned the rights to the logo mark – an application pursuant to a mistaken belief as to ownership of the mark does not, without more, amount to bad faith – application for rectification on the ground of bad faith dismissed – second respondent was not the owner of the trade mark – applicant was the first user of the logo as a trade mark – application for rectification on the ground of ownership granted
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0481For more information, see the original judgement.