Star Car Wash Café Holdings Pty Ltd v P&W Group Pty Ltd  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 proceedings and chose not to participate.
The Applicant’s evidence established that it commenced operations in 2003 and operated 39 car washing, polishing, cleaning and detailing stores in Victoria, New South Wales, the Australian Capital Territory, Queensland and West Australia. It operated the website at http://www.starcarwash.com.au/ and owned trade mark registrations for the word mark Star Car Wash Café and for the series of composite marks shown below
The Respondent operated a car wash business at 116 Bell Street, Coburg, Victoria using signage as shown below
The Applicant sought a declaration that the Respondent has infringed its registered trade marks, contravened s18 of the Australian Consumer Law and engaged in conduct which constitutes the tort of passing off. It also sought orders restraining the Respondent’s conduct.
Judge Emmett noted the Federal Circuit Court has the jurisdiction and power to grant the declaratory relief sought by the Applicant and made orders restraining the Respondent from making further breaches of the same type. The Applicant did not press its claim for relief in respect of damages.