First Principles of Business Law

4. Property rights in intangible things

4.2.4. Infringement of a trade mark

Suppose that another manufacturer of kitchen units begins marketing their kitchen units under the brand name 'Krystal Kitchens' together with an image of a shining crystal. Albert wants to know if there is an infringement of his trade mark, since the spelling of Krystal is different from Crystal, and if so, what remedies he has under the Trade Marks Act 1995 (Cth). Which of the following statements is correct?

(a) These circumstances likely amount to an infringement and Albert is entitled to ask for an injunction to stop the infringement from continuing, as well as both compensatory and exemplary damages.

(b) These circumstances likely amount to an infringement and Albert is entitled to ask for an injunction, to stop the infringement from continuing. But he is not entitled to claim damages.

(c) These circumstances likely do not amount to an infringement and Albert is not entitled to ask for an injunction, or to claim damages.