22nd October 2025
In October 2024, REDARC Electronics Pty Ltd issued proceedings in the Federal Court of Australia against Australian Mobile Radio Pty Ltd trading as Redfleet (SAD226/2024).
The proceedings settled, on the second day of trial on 21 October 2025, on the following basis:
1. Redfleet acknowledged to the Court that, during the period 1 July 2023 until 20 October 2025, by:
1.1 using and reproducing REDARC's photographs as set out in Schedules D, E and F of the Statement of Claim, Redfleet infringed REDARC's copyright in respect of the photographs in contravention of section 36, Copyright Act 1968 (Cth);
1.2 using REDARC’s registered Trade Marks, Australian registered trade mark numbers 988987, 1756106 and 2116251, in relation to Third Party products Redfleet infringed REDARC’s Trade Marks in contravention of section 120, Trade Marks Act 1995 (Cth);
1.3 including Redfleet’s logo and name as a watermark on photographs of REDARC’s products, Redfleet engaged in misleading and deceptive conduct by representing that there was an association between REDARC and Redfleet when that was not in fact the case, in contravention of s.18, ACL under the Competition and Consumer Act 2010 (Cth);
1.4 representing that Third Party products in photographs on Redfleet’s website were products of REDARC when that was not in fact the case, in contravention of s.18, ACL under the Competition and Consumer Act 2010 (Cth).
2. Redfleet undertook to the Court that it would forever cease:
2.1 using a watermark with the Redfleet logo or name on photographs which contain images of REDARC’s products;
2.2 selling REDARC’s products in bundles or packages with third party products;
2.3 using, publishing, reproducing or adapting the photographs referred to Schedules D, E and F of the Statement of Claim;
2.4 creating substantially identical photographs to the product photographs of REDARC by recreating the scene depicted by these photographs; and
2.5 “cutting” photographs from REDARC’s website, social media or other promotional material and “pasting” those photographs on Redfleet’s website, social media or other promotional material.
A copy of the Court’s orders are annexed.
Redfleet also agreed to pay a substantial amount to REDARC for compensation and costs.
Based in South Australia, REDARC has over 45 years' experience in the research, design, development and manufacture of a range of electronic voltage converters and associated products, power supplies, battery chargers, brake controllers and trailer braking products. REDARC was founded in August 1979 and has used the brand name “REDARC” since at least 1997. The name derived from the spark developed in the first ignition system having a “red arc”.
REDARC spends significant resources developing its intellectual property and does not tolerate infringement of its intellectual property rights.
