Australia verdict backs Greenpeace

CANBERRA, Australia — Australia’s largest electricity generator on Tuesday largely lost its court case alleging that the environmental group Greenpeace had breached copyright and trademark laws by using the company’s logo in a campaign that described it as the nation’s “biggest climate polluter.”

Justice Stephen Burley ruled that AGL Energy had failed in its trademark infringement claim and failed in its copyright infringement claim for all of the uses of the logo except for three social media posts and some photographs and placards.

Burley denied AGL’s request for damages.

Greenpeace had argued that the Federal Court case had significant implications for charities and advocacy groups. Greenpeace described AGL as the latest fossil fuel corporation to seek to stifle dissent through litigation.

In the online advertising campaign, Greenpeace Australia Pacific accused AGL, which predominantly generates coal-fired electricity, of “greenwashing” by promoting itself as a leading investor in renewable energy. The campaign used the AGL logo and featured the slogan “AGL — Australia’s Greatest Liability.”

Greenpeace lawyer Katrina Bullock said Tuesday’s decision was a win for freedom of expression and set an important legal precedent in copyright law.

“Today’s legal victory is good news for charities, advocacy organizations, satirists and anyone else who seeks to rely on the ‘fair dealing’ freedom of speech safeguard in the Copyright Act to criticize, review, satirize or parody powerful corporations,” Bullock said in a statement.

AGL released a statement welcoming the parts of the case decided in its favor.

“As we’ve always made clear, this legal action was about the integrity of how our brand is used,” AGL said.

“AGL understands its role as Australia’s largest integrated energy generator to lead the energy transition while continuing to deliver reliable and affordable energy,” AGL added.