TRADE MARKS – default judgment – respondents’ failure to comply with orders and appear – claim of trade mark infringement – default judgment granted
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – whether appropriate to grant injunction – whether satisfied that an order for damages be made – whether appropriate to grant costs – application granted
Related cases about trade mark infringement
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Somers Enterprises Australia PL v Basefun PL [2025] FCA 218
INTELLECTUAL PROPERTY – trade marks – registration – application for removal for non-use – appeal de novo – extent of use in relevant class within Australia – discretion of Court to allow mark to remain on Register of Trade Marks – appeal allowed – Trade Mark retained on Register Related cases about trademark revocation Original…
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Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443
INTELLECTUAL PROPERTY – application for interlocutory injunction on grounds of contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), passing off and infringement of a registered trade mark under s 120 of the Trade Marks Act 1995 (Cth) – consideration of relevant factors…
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FanFirm Pty Limited v Fanatics, LLC [2024] FCA 764
INTELLECTUAL PROPERTY – trade marks – alleged infringement of registered marks under s 120 of the Trade Marks Act 1995 (Cth) – deceptive similarity – misleading or deceptive conduct – alleged breaches of s 18 and s 29(1)(g) and (h) of the Australian Consumer Law (ACL) – tort of passing off. TRADE MARKS – infringement…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0366
For more information, see the original judgement.
