AGL fails in court bid to stop Greenpeace from using its logo in climate campaign

Greenpeace has come out on top after power company AGL took the environmental group to court over its cheeky use of its logo.

AGL is suing Greenpeace over the use of the energy giant’s logo in a campaign labelling them Australia’s biggest corporate climate polluter. Pictured are Greenpeace Australia Pacific general counsel Katrina Bullock, chief executive officer David Ritter and senior campaigner Glenn Walker.

AGL Energy has failed in a court bid to stop Greenpeace using its logo in a scathing campaign labelling the electricity giant “Australia’s biggest climate polluter”.

The company sued the environmental group over its May 2021 campaign, which argues AGL’s ongoing use of coal-burning power stations stymies Australia’s chances of meeting its Paris Agreement targets.

Greenpeace rejigged the AGL logo to read “Australia’s Greatest Liability” in various materials promoting the campaign and its underlying in-depth report, Exposing AGL.

Greenpeace used the AGL logo in a campaign against the energy giant. Picture: AAP Image/David Mariuz

AGL alleged the group infringed trademark and copyright laws by using a modified version of its logo in online banners, posters, social media posts, placards and a website.

On Tuesday afternoon Justice Stephen Burley ruled against AGL on the trademark claim and a substantial portion of the copyright claim.

Key to his ruling was the “Australia’s Greatest Liability” tagline, which the judge said clearly marked online banners, posters and a website as works of parody or satire.

He wrote many would see the logo and tagline combination as “darkly humorous, because the combined effect is ridiculous”.

“AGL is exposed to ridicule by the use of its corporate imagery including by use of the modified AGL logo to convey a message that AGL would not wish to send,” Justice Burley found.

This sign fell foul of copyright law. Picture: Federal Court

But the tagline was absent from placards held up by school students that simply bore the AGL logo and the words “Australia’s biggest climate polluter” and was similarly not present in some critical social media posts.

Justice Burley ruled he could not see any element of parody or satire in those materials and they therefore fell foul of copyright.

One placard, in the shape of a black cloud held above a power station, did count as parody or satire, he ruled.

But this one was ruled OK. Picture: Federal Court

Greenpeace has been restrained from using those materials going forward, but in all other respects the AGL claim was dismissed.

Justice Burley declined to award AGL additional damages.

Originally published as AGL fails in court bid to stop Greenpeace from using its logo in climate campaign