A recent Federal Court case has taught a valuable lesson in seeking damages as a remedy for infringement of a trade mark.
In the case of Halal Certification Authority Pty Limited v Scadilone Pty Limited [2014] FCA 614), the Halal Certification Authority sought damages under section 236 of the Competition and Consumer Act 2010 (Cth) (“the Act“) against a wholesale distributer and a number of kebab shops for unauthorised use of a trade mark asserting that kebab meat used by the kebab shops was certified ‘halal’ meat. [...]
