VCAT issues injunction to stop copying of uniforms and Facebook posts

On 22 August, 2018, the Victorian Civil and Administrative Tribunal (VCAT) issued an injunction in favour of Nicholas Weston Lawyers’ client, Takeova Security, ordering Fastsec Security and its owner Gurjeet Singh not to wear white shirts with black vests, not to wear blue shirts, not to copy or use similar words to Takeova Security on any social media posts and granting them three business days to update all social media posts and advertising to reflect their current uniform.

The suit, which involved two businesses based in Australian regional centre, Shepparton, alleged that Fastsec had deliberately copied and appropriated Takeova’s ‘get up’, including used Takeova’s distinctive colour scheme on its uniforms. The proceeding also alleged Fastsec and its owner copied and imitated Takeova’s marketing messages and images on its Facebook and Instagram pages . The legal allegation was that copying social media posts in that way amounted to conduct likely to mislead or deceive consumers in contravention of the Australian Consumer Law (ACL) by falsely suggesting to consumers a connection between the services of Fastsec with the services of Takeova. The decision is HERE.

Only last year, Nicholas Weston Lawyers obtained a permanent injunction in VCAT to prevent the competitor of a client in Shepparton from using the same business name. See Lush Skin & Body Clinic v Sorbello (Civil Claims) [2017] VCAT 449 (3 April 2017).  The firm also obtained an award of costs in favour of its client on a full indemnity basis: see Lush Skin & Body Clinic Pty Ltd v Sorbello (Civil Claims) (Costs) [2017] VCAT 1844 (10 November 2017)

Nicholas Weston is expert in the commercial exploitation and protection of intellectual property and acts for businesses located throughout Australia.

VCAT has no jurisdiction over trade marks, copyright, general common law or equitable claims but it does have specific powers in relation to certain equitable relief such as unconscionable conduct in trade or commerce claims brought under the ACL and is less expensive to use than the Federal Court.

About Nicholas Weston IP Lawyers

We understand the digital economy and apply an approach that integrates digital with legal solutions. The integration of practical legal and digital solutions is applied to all cases and projects, whether for a portfolio or a unique case, giving us an ability to anticipate probable outcomes and guide you through the options, as we have for many others, hundreds of times previously.