Trade Mark News & Information

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 jeans through a retail store in Dandenong, Victoria, infringed Facton’s trade mark and copyright rights, contravened the Australian Consumer Law and engaged in conduct which constituted the tort of passing off.

The Court ordered Remmy Cardin pay $500 damages as compensation for loss of sales, $15,000 damages for loss of reputation and additional punitive damages of $25,000 under s115 of the Copyright Act, as well as Facton’s legal costs in an amount of $13,293.19 plus interest.