Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Advanced Data Integration Pty Ltd v ADI Limited [2004] FCA 731 INTELLECTUAL PROPERTY – trademarks – application for stay of proceedings pursuant to s129(5) of the Trade Marks Act 1995 (Cth) – operation of s129(5) – whether action for groundless threats of legal proceedings should be stayed because trademark owner brought proceedings for infringement, after threatening to do so, with due diligence – whether applicant would be unable to pursue a claim for damages if proceedings were stayed – whether application of s129(5) can be determined at an interlocutory level – whether s129(5) allows an application to remove a stay of action where there has been delay in the conduct of the proceedings by the trademark owner – meaning of phrase 'begins and pursues' in s129(5) Trade Marks Act 1995 (Cth) ss 129(5), 129, 129(2), 129(1) Trade Practices Act 1974 (Cth) s 52 Montana Tyres Rims and Tubes Pty Ltd v Transport Tyre Sales Pty Ltd (1998) 155 ALR 489 Cons Transport Tyre Sales Pty Ltd v Montana Tyres Rims and Tubes Pty Ltd (1999) 93 FCR 421 Cons ADVANCED DATA INTEGRATION PTY LTD v ADI LIMITED Q 176 of 2003 KIEFEL J BRISBANE 10 JUNE 2004
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q176 OF 2003
BETWEEN: ADVANCED DATA INTEGRATION PTY LTD
(ACN 064 579 513)
APPLICANT
AND: ADI LIMITED
(ACN 008 642 751)
RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 10 JUNE 2004
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. These proceedings be stayed by reason of s 129(5) of the Trade Marks Act 1995 (Cth). 2. The applicant pay the respondent's costs on the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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