Philips Electronics N.V. & Anor v Remington Products Australia Pty Ltd Remington Products Australia Pty Ltd v Philips Electronics N.V. & Anor [1997] FCA 1384

FEDERAL COURT OF AUSTRALIA PRACTICE & PROCEDURE - strike-out application - whether Court has the jurisdiction to determine a Trade Marks application - whether the statutory procedure is exclusive and the role of the Court limited to that of hearing appeals - whether there is a legal controversy capable of resolution by declaratory relief - whether an issue estoppel could arise if a declaration as to the registrability of a Trade Mark was made - whether the case in support of the declaration is manifestly hopeless. TRADE MARKS - whether Court has the jurisdiction to determine a Trade Marks application - whether the statutory procedure is exclusive and the role of the Court limited to that of hearing appeals - whether there is a legal controversy capable of resolution by declaratory relief - whether an issue estoppel could arise if a declaration as to the registrability of a Trade Mark was made - whether the case in support of the declaration is manifestly hopeless.

Trade Marks Act 1995

Telstra Corporation Ltd v Australian Telecommunications Authority (1995) 133 ALR 417 , referred to

Moorgate Tobacco Co Ltd v Philip Morris Ltd 30 May 1979 unreported, Helsham CJ in Eq, discussed

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564, referred to

Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421, referred to

Salmar Holdings Pty Ltd v Hornsby Shire Council [1971] 1 NSWLR 192, referred to

Pharmaceutical Society of Great Britain v Dickson [1970] AC 403, referred to Commonwealth v Sterling Nicholas Duty Free Pty Ltd (1972) 126 CLR 297, referred to

Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514, referred to

PHILIPS ELECTRONICS N.V. and PHILIPS ELECTRONICS AUSTRALIA LIMITED and REMINGTON PRODUCTS AUSTRALIA PTY LIMITED v REMINGTON PRODUCTS AUSTRALIA PTY LIMITED and PHILIPS ELECTRONICS N.V. and PHILIPS ELECTRONICS AUSTRALIA LIMITED