CONTRACTS – construction – scope of releases in settlement agreement – prima facie canon of construction -whether releases apply to proceeding
TRADE MARKS – infringement – trap viewing – extra-territorial application of s 120(1) of the Trade Marks Act 1995 (Cth) – whether images were available to consumers in the ordinary course of trade – where the Appellant permitted images to be uploaded to and displayed on its website – where such images were displayed as part of a search tool
TRADE MARKS – award and quantification of nominal damages for trade mark infringement – de minimis, trifling or technical infringements – applicability of de minimis non curat lex principle of statutory construction
TRADE MARKS – award and quantification of additional damages under s 126(2) of the Act – relevance of quantum of nominal damages already awarded – deterrent effects of additional damages – consideration of Appellant’s content moderation procedures
TRADE MARKS – availability of injunctive relief – prima facie entitlement to final injunctions under s 126(1) of the Act
TRADE MARKS – formulation of injunctions – where injunction restrained use of marks otherwise than as badges of origin – where practical effect of general injunction would require the Appellant to cease trading
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0015
For more information, see the original judgement.
