Federal Court of Australia
Federal Court of Australia
Martin & Pleasance Pty Ltd v A Nelson & Co Ltd [2021] FCAFC 80 Appeal from: A Nelson & Co Limited v Martin & Pleasance Pty Ltd (No 2) [2021] FCA 228
File number: NSD 237 of 2021
Judgment of: JAGOT, YATES AND JACKSON JJ
Date of judgment: 4 May 2021
Date of publication of reasons: 27 May 2021
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from an interlocutory judgment of a single judge of the Court – where primary judge granted an interlocutory injunction in proceedings alleging trade mark infringement, passing off and contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) – leave to appeal granted and appeal dismissed
Legislation: Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) s 18 Trade Marks Act 1995 (Cth) s 122 Therapeutic Goods Regulations 1990 (Cth) Therapeutic Goods Advertising Code (No 2) 2018 (Cth) s 23
Cases cited: Boyd v Wild Hibiscus Flower Company Pty Ltd (No 2) [2012] FCA 74 Campbell v Sutherland [2020] FCA 765 Garden Cottage Foods Ltd v Milk Marketing Board [1984] AC 130 House v The King (1936) 55 CLR 499 Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156; (2011) 217 FCR 238 S&I Publishing Pty Ltd v Australian Surf Life Saver Pty Ltd [1998] FCA 1463; (1998) 88 FCR 354 Silktone Pty Ltd v Devreal Capital Pty Ltd (1990) 21 NSWLR 317 Sportsbet Pty Ltd v Crownbet Pty Ltd [2018] FCA 1045
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