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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 2) [2024] FCA 256

Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 2) [2024] FCA 256

TRADE MARKS – form of order for amendment of Register of Trade Marks – cross-respondent the registered owner of a trade mark in certain services in class 43 – cross-claimant alleging the registered owner of the trade mark was not the owner – cross-claim upheld in relation to some of the registered services but not others – Court earlier making an order for variation granting liberty to apply to vary the order – variation application by cross-claimant – whether the form of order may cause confusion or tension – whether the amendment ordered may be interpreted in a way that would unintentionally exceed the Court’s substantive findings – order varied

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0256

For more information, see the original judgement.

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