Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taleb v GM Holden Limited [2011] FCAFC 168 Citation: Taleb v GM Holden Limited [2011] FCAFC 168
Appeal from: GM Holden Ltd v Paine [2011] FCA 569
Parties: AHMED TALEB and MOHAMED TALEB v GM HOLDEN LIMITED (ACN 006 893 232), GENERAL MOTORS LLC and GM GLOBAL TECHNOLOGY OPERATIONS INC
File number: VID 672 of 2011
Judges: FINN, DOWSETT AND BENNETT JJ
Date of judgment: 22 December 2011
Catchwords: INTELLECTUAL PROPERTY – whether a director/founder of a company liable as a joint tortfeasor of trademark infringement and passing off – son having active management of company DAMAGES – passing off – whether an award of exemplary damages is appropriate EVIDENCE – inferences to be drawn from the failure of a party to give oral evidence – Jones v Dunkel
Legislation: Federal Court Rules r 29.09 Trade Practices Act 1974 (Cth) ss 52, 53(a), 75, 75B(1) Fair Trading Act 1987 (NSW) ss 42, 44(a) Designs Act 2003 (Cth) s 71(1), 71(1)(c), 71(1)(e), 75(1), 75(3) Copyright Act 1968 s 115(2), 115(4) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 43 Trade Marks Act 1995 (Cth)
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