Overseas manufacturers supplying goods for ultimate sale in Australia liable for trade mark infringement under Australian law
By Gregory Pieris and Allison Wallace
Playgro Pty Ltd v Playgo Art and Craft Manufactory Limited  FCA 280
Manufacturers selling products into Australia be warned: the fact you are located outside of Australia will not protect you from infringing Australian trade marks. This was the message the Federal Court handed down in the recent decision of Playgro Pty Ltd v Playgo Art and Craft Manufactory Limited  FCA 280.
Playgo was a Chinese manufacturer of children’s toys sold for many years under the “PLAYGO” trade mark. Playgo agreed to supply its toys to a number of well-known Australian retailers, who then imported the products into Australia and sold them in stores across the country. Australian company Playgro commenced proceedings against Playgo, arguing that it infringed various Australian registered trade marks for “PLAYGRO”.