Asia Television Ltd v Yau's Entertainment Pty Ltd (No 2) [2000] FCA 838

FEDERAL COURT OF AUSTRALIA

Asia Television Ltd v Yau's Entertainment Pty Ltd (No 2) [2000] FCA 838 trademarks – revocation of trade mark for non-use – where trademark is a "triquetra" device registered by overseas licensor – where licence agreements between the parties authorised the Australian licensee to copy master tapes of television programmes bearing a logo equivalent to the trade mark and sell tapes bearing the logo and where promotional materials bearing the logo were supplied by licensor to licensee for use – where it is sufficient that the mark identifies the goods with the proprietor of the mark – cross claim for revocation dismissed Trade Marks Act 1955 (Cth) Trade Marks Act 1995 (Cth) ss 7, 8, 92(4)(a) and (b), 100 Trade Practices Act 1974 (Cth) s 52 Estex Clothing Manufacturers Pty Ltd v Ellis & Goldstein Ltd (1966-1967) 116 CLR 254 applied Pioneer Kabushiki Kaisha v Registrar of Trade Marks (1977) 137 CLR 670 followed Polo Textile Industries Pty Ltd v Domestic Textile Corporation Pty Ltd (1993) 42 FCR 227 applied Apand Pty Ltd v Kettle Chip Co Pty Ltd (1994) 52 FCR 474 applied Wingate Marketing Pty Ltd v Levi Strauss & Co (1994) 49 FCR 89 applied Amalgamated Television Services Pty Ltd v Foxtel Digital Cable Television Pty Ltd (1995) 60 FCR 483 applied

ASIA TELEVISION LIMITED and ATV ENTERPRISES LIMITED v YAU'S ENTERTAINMENT PTY LIMITED (ACN 003 584 183) and YAU'S ENTERTAINMENT PTY LIMITED, ASIA TELEVISION LIMITED AND ATV ENTERPRISES LIMITED and CHINATOWN ENTERTAINMENT (AUSTRALIA) PTY LIMITED (ACN 073 003 675) N 343 OF 1999 GYLES J SYDNEY 22 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 343 OF 1999

BETWEEN: ASIA TELEVISION LIMITED

FIRST APPLICANT

ATV ENTERPRISES LIMITED

SECOND APPLICANT