Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75 Citation: Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75
Appeal from: Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2013] FCA 900
Parties: LIFT SHOP PTY LTD (ACN 109 724 647) v EASY LIVING HOME ELEVATORS PTY LTD (ACN 083 936 896)
File number(s): NSD 2040 of 2013
Judge(s): BESANKO, YATES AND MORTIMER JJ
Date of judgment: 20 June 2014
Catchwords: TRADE MARKS – whether use of words of composite mark in title of web page in search results is trade mark use – whether impugned sign is deceptively similar to registered mark
Legislation: Trade Marks Act 1995 (Cth) s 120(2) Trade Marks Act 1955 (Cth) s 6 Competition and Consumer Act (2010) (Cth) Sch 2
Cases cited: The Shell Company of Australia Limited v Esso Standard Oil (Australia) Limited (1963) 109 CLR 407 Coca Cola Company v All-Fect Distributors Ltd (1999) 96 FCR 107 Nature's Blend Pty Ltd v NestlÉ Australia Ltd (2010) 272 ALR 487 Australian Woollen Mills Limited v F. S. Walton and Company Limited (1937) 58 CLR 641 Johnson & Johnson Australia Pty Ltd v Sterling Pharmaceuticals Pty Ltd (1991) 30 FCR 326 Optical 88 Ltd v Optical 88 Pty Ltd (2010) 275 ALR 526 Crazy Ron's Communications Pty Ltd v Mobileworld Communications Pty Ltd (2004) 209 ALR 1 Southern Cross Refrigerating v Toowoomba Foundry (1954) 91 CLR 592 Davison M and Horak I, Shanahan's Australian Law of Trade Marks and Passing Off, (5th ed, Lawbook Co,. 2012) Date of hearing: 12 February 2014
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