Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Unilever Australia Ltd v Karounos [2001] FCA 1717
UNILEVER AUSTRALIA LIMITED v GEORGE KAROUNOS and SABRE INTERNATIONAL LIMITED NG 732 OF 1998 HILL J 7 DECEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 732 OF 1998
BETWEEN: UNILEVER AUSTRALIA LIMITED (ACN 004 050 828)
APPLICANT/CROSS-RESPONDENT AND: GEORGE KAROUNOS
SECOND RESPONDENT/SECOND CROSS-CLAIMANT
SABRE INTERNATIONAL LIMITED
THIRD RESPONDENT/THIRD CROSS-CLAIMANT JUDGE: HILL J
DATE OF ORDER: 7 DECEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Registrar of Trade Marks remove the word and device mark "Real Fish'n Chips" from the Register of Trade Marks in respect of goods and services in classes 29, 30, 35 and 42 except fish in class 29 and fish and chips in class 42.
2. Mr Karounos pay the costs of Unilever.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 732 OF 1998
BETWEEN: UNILEVER AUSTRALIA LIMITED (ACN 004 050 828)
APPLICANT/CROSS-RESPONDENT AND: GEORGE KAROUNOS
SECOND RESPONDENT/SECOND CROSS-CLAIMANT
SABRE INTERNATIONAL LIMITED
THIRD RESPONDENT/THIRD CROSS-CLAIMANT JUDGE: HILL J
DATE OF ORDER: 7 DECEMBER 2001
WHERE MADE: SYDNEY
REASONS FOR JUDGMENT 1 On 17 August 2001 I delivered judgment in these proceedings. I ordered, inter alia, that the Registrar of Trade Marks remove the word and device mark "Real Fish'n Chips" (No. 649764) (the "word and device mark") from the Register in respect of goods and services in class 16. That judgment is Unilever Australia Ltd v Karounos [2001] FCA 1132 ("the judgment"). These reasons should be read with that judgment. 2 The word and device mark is also registered in respect of goods and services in classes 29, 30, 35 and 42 as follows: Class Goods or services in respect of which the mark is registered 3 29 4 Take-away foods and beverages in this class including meats, fish, poultry and seafood and game whether processed or not; dairy products; salads. 5 30 6 Take-away foods and beverages in this class including baked products, confectionary, ices, bread and pastries. 7 35 8 Licensing services; licensing and franchising services. 9 42 10 The provision of food and beverages including but not being limited to restaurant, café, canteen, snack bar, fast foods, take-away and catering services.
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