Trademark rights preserved
26 July 2007
Trademark rights preserved: anti-mining activist ordered to remove Solid Energy trademark from fake report
Solid Energy has welcomed today’s High Court decision granting an interim order and directing anti-mining activist, Frances Mountier, to remove Solid Energy’s trademark and copyright material, including the Solid Energy logo, from the cover of a faked document labelled as the company’s 2006 environmental report.
Miss Mountier has acknowledged that she substantially authored the fake report, which was circulated in late February this year, and that she was responsible for publishing it on the Save Happy Valley Coalition website, in advance of the release of Solid Energy’s own 2006 environmental report.
In his verbal decision today, Judge Chisholm acknowledged that Solid Energy was seeking to protect its property right in relation to its trademarks and copyright. It was not seeking to “muzzle the defendant’s own expression of her views”.
Chief Executive Officer, Dr Don Elder says: “This is a good outcome. It’s just a shame that the matter has had to waste Court time as this was the solution which Solid Energy has, in discussion with SHVC lawyers, always been prepared to accept. We respect people’s rights to express their views and we’ve never tried to stifle criticism or freedom of expression.
“This hearing was about the company’s absolute right to protect its trademarks and its intellectual property – we would have pursued such an action regardless of who had been responsible for the copyright and trademark infringements.”
ENDS