Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Woolworths Limited v BP plc (No 3) [2006] FCAFC 160
TRADE MARKS – amended applications for trade marks – Full Court held amendments not in conformity with s 65 Trade Marks Act 1955 (Cth) and marks in their amended form invalid – motion to remit marks in their unamended form for further consideration by primary judge Held: motion dismissed Trade Marks Act 1995 (Cth) s 65 Woolworths Limited v BP plc (No 2) [2006] FCAFC 132 cited Community and Public Sector Union v Telstra Corporation Ltd (No 2) [2001] FCA 479 at [15]-[17] cited Nikken Kosakusho Works v Pioneer Trading Co [2006] FSR 4 followed Henderson v Henderson (1843) 3 Hare 100 considered Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 applied Windsurfing International Inc v Tabur Marine (Great Britain) Ltd [1985] RPC 59 applied WOOLWORTHS LIMITED v BP plc VID1529 OF 2004
HEEREY, ALLSOP & YOUNG JJ
13 November 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1529 OF 2004
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WOOLWORTHS LIMITED
Appellant
AND: BP plc
Respondent
JUDGES: HEEREY, ALLSOP & YOUNG JJ DATE OF ORDER: 13 November 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondent's motion by notice dated 12 October 2006 is dismissed; 2. The appeal is allowed; 3. The orders made by Finkelstein J on 1 December 2004 are set aside; 4. The registration of trade marks Nos 559837 and 676547 is cancelled; 5. The respondent pay the costs of the opposition proceeding before the Registrar, the proceeding before Finkelstein J, the application for leave to appeal, the appeal and the motion, including in all instances reserved costs; 6. The foregoing orders 3, 4 and 5 are stayed pending the hearing and determination of any application by the respondent for special leave to appeal to the High Court of Australia. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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