Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Paul's Retail Pty Ltd v Sporte Leisure Pty Ltd [2012] FCAFC 51 Citation: Paul's Retail Pty Ltd v Sporte Leisure Pty Ltd [2012] FCAFC 51
Appeal from: Sporte Leisure Pty Ltd v Paul's International Pty Ltd (No 3) [2010] FCA 1162
Parties: PAUL'S RETAIL PTY LTD ACN 114 419 242 Appellant SPORTE LEISURE PTY LTD ACN 008 608 919 First Respondent/Cross-Appellant GREAT WHITE SHARK ENTERPRISES LLC Second Respondent/Cross-Appellant LIFESTYLE BRANDS HOLDINGS LLC Third Respondent/Cross-Appellant PAUL DWYER Cross-Respondent
File number(s): NSD 378 of 2011
Judges: JACOBSON, YATES & KATZMANN JJ
Date of judgment: 11 APRIL 2012
Catchwords: INTELLECTUAL PROPERTY – registered trade marks – infringement – importing and offering for sale in Australia garments to which the marks had been applied by licensee for territory of India – defence under s 123 of the Trade Marks Act – whether trade marks applied to the garments by licensee with the consent of the trade mark owner – whether licensee permitted to apply marks to garments manufactured for sale by it in Pakistan TRADE PRACTICES – misleading and deceptive conduct – where website listed the licensee for the territory of India as an "international dealer" EVIDENCE – effect of failure to give or call evidence –whether trial judge erred in not drawing any Jones v Dunkel inference – whether witness was in party's "camp"
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