Sun Sentinel Broward Edition

Energy company takes Greenpeace to court

- By Rod McGuirk

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.”

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