Federal Court of Australia
Federal Court of Australia
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157 Appeal from: Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328 and Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 3) [2021] FCA 729
File number(s): VID 228 of 2021 VID 408 of 2021
Judgment of: YATES, ABRAHAM AND ROFE JJ
Date of judgment: 13 September 2022
Catchwords: TRADE MARKS – appeal – infringement – deceptive similarity – whether, in determining deceptive similarity, the primary judge erred in not taking into account the factual distinctiveness of the appellant's marks at their respective filing dates – whether primary judge erred in finding the respondents had not used JAZZ CORNER OF THE WORLD and JAZZ CORNER HOTEL as trade marks – notice of contention not required to be considered – no error in the primary judgment found COSTS – whether the primary judge erred in treating the costs of the cross-claim in a different manner to other defences raised by the respondent – whether primary judge erred in not taking into account the partial result obtained by the respondent in the cross-claim – whether the primary judge erred in finding the scope of costs dispute to be narrow – no error established
Legislation: Federal Court of Australia Act 1976 (Cth) Trade Marks Act 1955 (Cth) Trade Marks Act 1995 (Cth) (repealed) Intellectual Property Laws Amendment (Raising the Bar) Act 2012
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