Archive | Federal Circuit Court Decisions

Trademark Lawyer – Federal Circuit Court – Counterfeit G-STAR Products

TM25 Holding B.V. & Ors v Redac International Pty Ltd & Ors [2016] FCCA 113 (12 February 2016) This case involved the importation and sale of counterfeit G-STAR clothing by the respondents who represented themselves. The evidence filed by the parties is discussed in detail by Burchardt J with his Honour noting that the witnesses called […]

Trademark Lawyers – Federal Circuit Court – ALKAVIVA

Hamilton v Stark [2015] FCCA 3309 (14 December 2015) Unsuccessful appeal by Hamilton from a Registrar’s decision dismissing an opposition to trademark registration of ALKAVIVA filed on 6 June 2012 for water filtering apparatus in class 11. The parties were competitors in the field of equipment for alkalising drinking water. Before the Registrar, Hamilton had […]

Trademark Lawyers Australia – Federal Circuit Court – Monte

Monte v Fairfax Media Publications Pty Ltd [2015] FCCA 1633 (7 August 2015) Fairfax was ordered to pay $10,001 as damages for breach of copyright in publishing a photograph of Ms Sharon Sargeant, the partner of Mr George Monte who owned copyright in the photograph published as part of a story critical of Mr Monte. […]

Trademark Lawyers Australia – Federal Circuit Court – Star Car Wash

Star Car Wash Café Holdings Pty Ltd v P&W Group Pty Ltd [2015] FCCA 1029 (23 April 2015) The Applicant, Star Car Wash Café obtained an order for default judgment where the respondent failed to appear at the first directions hearing or file any defence. Judge Emmett was satisfied the respondent was aware of the […]

Trademark Lawyer Australia – Federal Circuit Court – Musashi orders

Société Des Produits Nestlé SA & Ors v Christian (No.12) [2014] FCCA 2875 (9 December 2014) This was a procedural matter arising from the decision by Judge Manousaridis reported on 3 September 2014 finding infringement of Nestle’s MUSASHI trade mark by use of the trade mark A-SASHI. His Honour originally made an order requiring that […]

Trademark Lawyers Australia – Federal Circuit Court – X Pole

Vertical Leisure Limited & Anor v Skyrunner Pty Ltd & Anor [2014] FCCA 2033 (5 September 2014)  Successful application for default judgment with orders made restraining trade mark and copyright infringement as well as misleading or deceptive conduct and passing off. The Respondents did not respond to the Originating Application and took no part in […]

Trademark Lawyers Australia – Federal Circuit Court – Musashi

Société Des Produits Nestlé SA & Anor v Christian & Anor (No.4) [2014] FCCA 2025 (3 September 2014) Successful trade mark infringement action by Nestle. Christian infringed Nestle’s registered MUSASHI word and logo trade mark by using A-SASHI word and logo trade marks for vitamin and dietary supplements offered for sale online via the website […]

Trademark Lawyers Australia – Federal Circuit Court – G Star

Facton Ltd v Remmy Cardin Pty Ltd [2014] FCCA 627 (4 April 2014) This was a straightforward case because Remmy Cardin did not take any part in the proceedings and Facton obtained default judgment with orders for injunctions, delivery up and damages. The Court was satisfied that Remmy Cardin had, by selling counterfeit G-Star branded […]

Trademark Lawyers Australia – Federal Circuit Court – Tylor

Tylor v Sevin [2014] FCCA 445 (26 February 2014) This is a timely reminder of the risks in not properly sourcing photographic content for use on websites. Ms Sevin uploaded a photograph taken by Mr Tylor for use on her travel agency business to promote Hawaii as a destination. She did not obtain a licence […]

Trademark Lawyers Australia – Federal Circuit Court – Ita Buttrose

Buttrose & Anor v The Senior’s Choice (Australia) Pty Ltd & Anor [2013] FCCA 2050 (5 December 2013)  Successful application by Ita Buttrose for summary judgment restraining Senior’s Choice from using her name, image or likeness to promote its business.  This case is an example of poor corporate decision making in managing web site content. […]