Container Rotation Systems Pty Ltd v Intermodal Solutions (Group) Pty Ltd

[2026] FCA 161

Federal Court of Australia27 February 2026

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Interrogate

Catchwords

1. Trade Practices
2. › misleading or deceptive conduct
3. › alleged breaches of s 18, 29(1)(a), (g) and (h) of Sch 2 of the Competition and Consumer Act 2010 (Cth)
4. › where alleged descriptiveness of the mark is used to support a contention that use was not likely to mislead or deceive consumers
5. › misleading or deceptive conduct established
6. › passing off
7. › elements of claims established
1. Practice and Procedure
2. › Evidence Act
3. › inadmissibility of chronology purportedly evidencing use of mark
4. › overarching purpose under s 37M of the Federal Court of Australia Act 1976 (Cth)

Quick Take

The Court held that deliberate campaigns to genericise a competitor's registered trade mark—including renaming one's own products to match the mark, instructing web developers to make the mark 'look generic not a brand name', and registering near-identical domain names—will be treated as use as a trade mark and strong evidence of flagrancy warranting additional damages. The good faith defence under s 122(1)(b) TMA will not be available where the adoption was motivated by competitive targeting rather than genuine descriptive need.