Federal Court of Australia
FEDERAL COURT OF AUSTRALIA T.G.I. Friday's Australia Pty Ltd v TGI Friday's Inc [2000] FCA 720 TRADE MARKS – validity – renewal – where no renewal of trade mark within required period – where trade mark not registered within ten years of filing of application – whether at time renewal period expired Registrar under duty to remove a trade mark not yet registered
TRADE MARKS – validity – presumptive validity – whether s 234(2) of the Trade Marks Act 1995 (Cth) authorises rectification of the Register – whether application for rectification may only be made under s 88 of the Trade Marks Act 1995 (Cth)
TRADE MARKS – validity – whether trade mark inherently adapted to distinguish the services of the registered owner– whether other persons acting with proper motives would want to use a proposed mark in connection with similar services – whether relevant issue is distinctiveness in fact having regard to uses by others
TRADE MARKS – validity – whether at time application for registration filed use of the trade mark was likely to deceive or confuse
TRADE MARKS – infringement –– whether name used as a trade mark – whether name used in relation to restaurant services – defences to infringement – whether infringing party would be entitled to obtain registration of the mark had it applied for it in relation to "hotel services"
Trade Practices Act 1974 (Cth)ss 52, 53 Trade Marks Act 1995 (Cth) ss 17, 41, 43, 44, 57, 72, 75, 77, 78, 79, 85, 88, 122, 124, 234, 237, 241 Trade Marks Act 1955 (Cth) (repealed) s 28 Trade Marks Regulations 1995 (Cth) reg 7.3 Clark Equipment Co v Registrar of Trade Marks (1964) 111 CLR 511 applied Campomar Societad, Limitada v Nike International Ltd (2000) 169 ALR 677 referred to Mid Sydney Pty Ltd v Australian Tourism Co Ltd (1998) 42 IPR 561 applied
BIG COUNTRY DEVELOPMENTS PTY LIMITED v TGI FRIDAY'S INC & ANOR NG 728 OF 1997 T.G.I. FRIDAY'S AUSTRALIA PTY LTD & ANOR v TGI FRIDAY'S INC & ANOR N 82 OF 2000 T.G.I. FRIDAY'S AUSTRALIA PTY LTD & ANOR v TGI FRIDAY'S OF MINNESOTA INC N 83 OF 2000
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