Archive | Federal Circuit Court Decisions

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. […]

Trademark Lawyers Australia – Federal Circuit Court – Dolby

Dolby Laboratories Licensing Corporation & Anor v Kamil [2013] FCCA 1326 (11 September 2013)  Successful application for interlocutory orders by Dolby restraining the release of goods by the Australian Customs Service.  Customs had previously seized, on 2 August 2013, some 6600 DVDs bearing trade marks similar to Dolby’s registered DOLBY, DOLBY DIGITAL and double –D […]