Federal Court of Australia
FEDERAL COURT OF AUSTRALIA TRADE MARKS - Trade marks registered in name of Japanese tyre manufacturer - Marks assigned to Australian distributor of the manufacturer's products to enable distributor to prevent parallel importation of the manufacturer's products - Assignment subject to separate option agreement enabling manufacturer to procure a reassignment under certain circumstances - Assignment recorded by Registrar on application of assignee and filing of deed of assignment, but not option regarding reassignment - After recordal, assignee threatened competitors with infringement proceedings - Whether the essential purpose of a trade mark is to indicate the origin of goods - Whether the registered marks were each a "sign used ... to distinguish goods ... dealt with or provided by (the distributor) from goods ... provided by any other person" - Whether the entries recording the assignment of the marks are subject to cancellation - Whether entries made as a result of fraud, false representation or misrepresentation or are likely to deceive or cause confusion - Whether failure to file option deed amounted to false representation - Action for groundless threats of legal action - Infringement proceeding instituted by Cross-claim - Whether infringement action instituted "with due diligence" - Availability of relief under Trade Practices Act. Trade Marks Act 1995, ss 17, 43, 88(2)(c) and (e), 106, 109, 110, 114 and 129
Trade Marks Regulations, reg 10.1
Trade Practices Act1974, ss 52 and 82
MONTANA TYRES RIMS & TUBES PTY LTD v TRANSPORT TYRE SALES PTY LIMITED
NG548 of 1997
JUDGE: WILCOX J
PLACE: SYDNEY
DATE: 19 JUNE 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG548 of 1997
BETWEEN: MONTANA TYRES RIMS & TUBES PTY LTD
Applicant
AND: TRANSPORT TYRE SALES PTY LIMITED
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