Clipsal's legal rights
Defending the Clipsal brand through legal action
- To protect Clipsal's investment in R&D, all the protection that Intellectual Property laws have to offer are actively used, be it patents, registered designs, trademarks, or copyright.
- IP laws help protect Clipsal against copy product reaching Australia, as well as reducing the number of low quality products on the market.
- Clipsal actively monitor the market and pursue legal channels to defend its brands and products.
Bulk Electrical Sales - Imitator Products
- A small WA venture thought they’d make a quick buck by distributing products imported from China.
- The company used the name 'Bulk Electrical Sales' to import and sell copied '56 Series' and 'Weatherprotected' products.
- The company even went as far as to use Clipsal look-alike packaging.
- After gathering enough evidence, Clipsal initiated legal proceedings before the Federal Court of Australia – and won!
- The judge’s order recognised that Clipsal's Intellectual Property rights were infringed, as well as the Trade Practices Act, due to misleading and deceptive conduct.
- The Trade Practices Act was breached when labels, incorrectly suggesting the products complied with IP66 standards, were attached to the products.
- The Federal court concluded that the product failed “to possess the particular standard, quality or grade of an 'IP66' rated component”.
Kripal - Defending
the brand
- A Chinese company named Zhejiang Zhengjie Industry Electric Co., Ltd tried to register as a trademark in Australia.
- They used the term 'KRIPAL' for electrical switchgear and other similar products.
- In June 2010, Clipsal won legal proceedings before IP Australia against that company, and as a result their trademark was rejected.
- The main argument recognised in the decision, was the bad faith of the Chinese company and their intention to confuse potential customers into thinking they were associated with Clipsal (which of course was not the case).
