Federal Court of Australia
Wee ~yer Ken
Trade Marks - application under Trade Practices Act to restrain use of name and mark - prior application for removal for non-use pending before Registrar of Trade Marks - application by
respondents for stay of Federal Court proceedings until disposal of trade marks application - Federal Court proceedings unlikely to proceed to hearing after resolution of trade marks matter -
considerations of time, cost and convenience relevant to question
of stay
Trade Marks Act 1955 ss.21, 23(3A) Trade Marks Regulations Pt VII Div.2
JOHN WEEKS PTY. LTD. v. FOQDLAND ASSOCIATED LIMITED and RONALD MULLIGAN and JOSEPH GUIPPA and NEVILLE GALE
No. WA G50 of 1986
TOOHEY J. PERTH TET
10 OCTOBER 1986
FEDERAL G T OF ASTRA
CIPAL ' ary
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G50 of 1986
BETWEEN:
JOHN WEEKS PTY. LTD. Applicant
and
FOODLAND ASSOCIATED LIMITED First Respondent
and
RONALD MULLIGAN and JOSEPH GUIPPA Second Respondents
and NEVILLE GALE Third Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J. DATE OF ORDER : 10 October 1986 WHERE MADE: Perth
THE COURT ORDERS THAT:
Until further order all proceedings in relation to this application be stayed pending disposal of the first respondent's
application dated 25 October 1985 pursuant to sub-s.23(3A) of the Trade Marks Act 1955 that the applicant's trade mark No. B370430
be removed from the Register in respect of all of the services in
respect of which 1t 1s reqistered so far as the state of Western
Australia 1s concerned.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G50 of 1986
wee
BETWEEN:
JOHN WEEKS PTY. LTD. Applicant
and
FOODLAND ASSOCIATED LIMITED First Respondent
and
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate