Metropolitan Plumbing says Sharpe Group has been using ‘deceptively similar’ marketing to theirs

Metropolitan Group has lodged a Supreme Court claim alleging Sharpe Group infringed its trademark by using “deceptively similar” marketing.

Two of Adelaide’s major trades firms are locked in a stoush with Metropolitan group alleging competitor Sharpe Group has been passing itself off as them and infringing its trademark.

Gas and Plumbing Australia, which trades as Metropolitan Plumbing and Metropolitan Electrical, has filed a suit in the Supreme Court accusing Sharpe and sole director David Sharpe of trademark infringement and passing off, and is seeking damages for loss of business.

David Sharpe of Sharpe Electrical.

Sharpe Group is yet to file a d efence in the matter and Mr Sharpe declined to comment when contacted.

Metropolitan says in its statement of claim that Sharpe had been using the domain name adelaidemetropolitan.com.au since at least May 2013.

The Sharpe website which was at that site appears to have been taken down some time this year.

Metropolitan said both the plumbing and gas, and the electrical pages of the “infringing website” used the name “Adelaide Metropolitan”, and a Google search for Metropolitan Plumbing, as at January 5 this year “listed the first respondent as the top result’’.

Sharpe Group's website.

“The first respondent (Sharpe Group) has infringed the trademark ... by using as a trademark a sign that is substantially identical, or deceptively similar to the trademark in relation to the similar services,’’ the Metropolitan claim says.

Metropolitan also alleges that Sharpe Group “represented to the public that ... the applicant and the respondent are the same person” or “related entities’’.

“The applicant has suffered loss and damage and will, unless the acts ... are restrained, continue to suffer loss and damage,’’ the claim says.

Sharpe Group's website.

Metropolitan is seeking a permanent injunction restraining Sharpe from using its trademark to promote similar services to those it provides, and damage for trademark infringement, passing off, and the delivery or destruction of all promotional or business material which it argues infringes its trademark.

Both organisations have been in business in Adelaide for more than two decades.