Energy company takes Greenpeace to court

CANBERRA, Australia — Australia’s largest electricity generator AGL Energy took Greenpeace to court on Wednesday alleging breaches of copyright and trademark laws in the environmental group’s campaign describing AGL as the nation’s “biggest climate polluter.”

Greenpeace Australia Pacific has accused AGL, which predominantly generates coal-fired electricity, of “greenwashing” by promoting itself as a leading investor in renewable energy.

AGL has targeted in the Federal Court Greenpeace’s use of its logo in an online advertising campaign featuring the slogan, “AGL — Australia’s Greatest Liability.”

AGL was denied an interim court order in early May that would have forced Greenpeace to stop using the logo.

Greenpeace argues that Australian trademark law allows for the logo to be used for satire, parody and criticism.

AGL lawyer Megan Evetts told the court there was a “clear intention to harm the brand” through the Greenpeace campaign. The court must decide whether Greenpeace owed AGL damages, she said.

“AGL is not seeking to stifle public debate. What it is seeking to do is protect itself,” Evetts said.

Greenpeace lawyer Neil Murray told the court the campaign did not breach the law because it did not use the AGL trademark in a trade context and its motives were “pure.”

“The conduct of the campaign to cause people to be critical of AGL for continuing to operate coal until 2048 in the hope that criticism will create pressure on AGL to change is a legitimate goal: initiating public debate for a beneficial cause,” Murray said. “To punish a charity for doing that would be unjust.”

AGL accepted in its latest annual report that it was Australia’s largest greenhouse gas emitter with plans to continue generating electricity by burning coal until 2048, Murray said. The campaign was aimed at ending Australian reliance on coal-fired power by 2030 as recommended by the Intergovernmental Panel on Climate Change.