PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) and/or (d) of the Federal Court Rules 2011 (Cth) – where the respondents have failed to comply with court orders and failed to appear – allegations of trade mark infringement, misleading and deceptive conduct and passing off – where marks were used by respondents as “badges of origin” – whether the second respondent could be held liable as a joint tortfeasor under s 120(1) Trade Marks Act 1995 (Cth) – claim under s 88 of the Act to cancel the second respondent’s registered mark – first respondent has deliberately made false representations on the impugned websites regarding partnership and authorisation – injunctive and declaratory relief granted.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0598
For more information, see the original judgement.
