- 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
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.
About Schneider Electric
Schneider Electric is the global specialist in energy management and automation. With revenues of ~€25 billion in FY2016, our 160,000+ employees serve customers in over 100 countries, helping them to manage their energy and process in ways that are safe, reliable, efficient and sustainable. From the simplest of switches to complex operational systems, our technology, software and services improve the way our customers manage and automate their operations. Our connected technologies reshape industries, transform cities and enrich lives. At Schneider Electric, we call this Life Is On.
About Clipsal by Schneider Electric
Clipsal by Schneider Electric is Australia’s leading brand of electrical equipment and accessories. Since 1920 Clipsal by Schneider Electric has created ingenious electrical technology and solutions to power Australian homes and transform an empty place into a homeowner’s favourite space.