HTX International Pty Ltd v Semco Pty Ltd [1983] FCA 225

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' CATCHWORDS

Trade Practices - Misleading or deceotive conduct - Trade Marks -

Infringement - Defences - Validity of original and continuing '

registration - Whether infringing conduct can invalidate

registration - Whether mark lacks or has lost distinctiveness -

Whether use of mark likely to deceive or cause confusion -

Discretion to rectify Register.

Trade Practices Act 1974 - secns. 52, 53, 980, 82.

Trade Marks Act 1955 - secns. 22, 23, 24, 26, 28, 34, 58, 59, 60, 61, 62, 64, 107(2)(b), 1LO7( 2A).

HTX INTERNATIONAL PTY. LIMITED v. SEMCO PTY. LiMiTED

e

No. G197 of 1982

26 August 1983

Sydney.

' iN THE FEDERAL COURT OF AUSTRALIA } ! MEW SOUTH WALES H No. GI97 of 1582 ! GENERAL DIVISTON 1

JUDGE:

DATE OF DIRECTION:

HIM TNTERNATTONAL PRY. LIMITED

DIRECTION

Fox J.

I- Die) co rs)

26 Auaqust

WHERE MBDE:

ud

yaney.

THE COURT DIRECTS THAT:

1.

2.

The apolicant bring in short minur2: af orders, the Minutes to be failed and served no later tnan cwentw-one days before the resumed date of heacind. ary variarions

soucht by the respondent to ne filea and served no tates

than seven days before thac dare.

The case cto be listed for furtner asaring on a date to

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

wee we re oO a e ira) sl [3) rh I~! aa co Ww

GENERAL DIVISTON

BETWEEN : HTX INTERNATIONAL PTY. LIMITED

Applicant AND:

t faa = eal fe iy

SEMCO PTV.

REASONS FOR JUDGMENT

The applicant alleges a breach of s.52 of the Trade Practices Act 1974, and infringement of its registered trade Mark. The respondent, besides denying these allegations, has cross-claimed for breaches of s.52 ana s.53 of that Act, for

passing off and for expungement or removal of the applicant's mark from the reqister. Ac the hearing, the respondent, while contending that the registration of the trade mack was or should now be treated as invalid, abandoned the claims in this Court for