Section 129 of the Trade Marks Act 1995 (Cth) says that 'a person infringes a registered trade mark if that person uses as a trade mark a sign that is substantially identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered.' It would appear, in this case, that the trade mark used is 'deceptively similar' to Albert's.
If an infringement has occurred, a court may grant an injunctionto prevent it continuing, subject to any condition that the court thinks fit. A plaintiff can also seek damages for harm caused by the infringement, and recover any profits made by the defendant.
In assessing damages, a court may include an additional amount in an assessment of damages if it is appropriate to do so. Reasons that this may be appropriate include: the flagrancy of the infringement; the need to deter similar infringements of registered trade marks; the conduct of the party that infringed the registered trade mark; any benefit shown to have accrued to that party because of the infringement; and any other relevant matters.
The Act also establishes certain offences for which penalties can be imposed.