PRACTICE AND PROCEDURE – Application to set aside order under r 39.05(f) of the Federal Court Rules 2011 – Where order entered in favour of the applicant – Where the applicant is no longer trading – Where the trademark is no longer registered – Where no benefit derived from the order – Where all parties consent to the orders proposed – Order set aside.
Related trade mark cases
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Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 3) [2023] FCA 1258
TRADE MARKS – infringement – whether the respondents have infringed the applicant’s registered trade marks comprising the word ORO TRADE MARKS – infringement – defences to infringement – whether the respondents can establish the defences under ss 122(1)(b)(i), 122(1)(e), 122(1)(f) and (fa), and 124 of the Trade Marks Act 1995 (Cth) TRADE MARKS – validity…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0607
For more information, see the original judgement.
