Schneider Electric succeeds in protecting iconic Clipsal brand
Wednesday, March 22, 2017
Federal Court of Australia delivers judgment and makes Orders in Schneider Electric’s favour in the case against Clipso Electrical Pty Ltd
Decision gives boost to those who rely on the well-earned reputation of the Clipsal brand
Sydney, 22 March, 2017: Schneider Electric, the global specialist in energy management and automation, has successfully defended its iconic brand, Clipsal, from intellectual property infringement by Clipso Electrical.
The Federal Court of Australia delivered judgment in the case Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd in February, and on 7 March 2017 made Orders to reflect the judgment.
Clipso Electrical was found to have engaged in misleading and deceptive conduct in contravention of the Australian Consumer Law, and to have passed off its products as Clipsal’s, through its use of “Clipso”, including in relation to switches that looked the same as those featuring Schneider Electric’s top selling Clipsal registered dolly switch shape.
The CLIPSO registration – which the judge found had been registered as a trade mark in bad faith – was ordered to be cancelled. The judge also found that, following cancellation, any use by Clipso Electrical of “Clipso” in connection with electrical accessories would infringe Schneider Electric’s long‑standing CLIPSAL trade mark registration.
Clipso Electrical is now prohibited from dealing in “Clipso” branded electrical accessories.
Earlier in the case, Clipso Electrical admitted that its USB charger product marketed under the Clipsmart brand infringed Schneider Electric’s registered patent rights, and the Federal Court made orders that the product be permanently removed from the marketplace.
Gareth O’Reilly, Zone President and Managing Director for Schneider Electric in the Pacific, says:
“This much welcomed result in the Federal Court marks a major milestone in Schneider Electric’s ongoing efforts to protect the hard work that goes into designing and developing reliable and innovative products for our customers.
We are proud of the reputation the Clipsal brand has earned and will always defend our rights and the integrity of the industry for the benefit of our customers and the wider community. Our customers, partners and industry supporters rely on the strength of the Clipsal brand and it is both for them and with thanks to them that we have succeeded in protecting our intellectual property.
This judgment is not only important for Schneider Electric, but should give much needed encouragement to other companies who seek to invest in and protect local R&D and innovation.”
Schneider Electric commenced these legal proceedings against Clipso Electrical in December 2013.