Nokia Corporation v Truong [2004] FCA 1109

FEDERAL COURT OF AUSTRALIA

Nokia Corporation v Truong [2004] FCA 1109 INTELLECTUAL PROPERTY – Infringement of trademarks – Admission of liability – Summary judgment.

Federal Court Rules (Cth) O 20 r 1 Trade Marks Act 1995 (Cth) General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 referred to NOKIA CORPORATION V DAVID TRUONG & ORS V389 of 2004 CRENNAN J 20 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 389 OF 2004

BETWEEN: NOKIA CORPORATION

APPLICANT

AND: DAVID TRUONG

FIRST RESPONDENT

TELPOWER PTY LTD (ACN 086 347 766)

SECOND RESPONDENT

CHUNG YUN YAU

THIRD RESPONDENT

DIANE CHERYL ARDREY

FOURTH RESPONDENT

BETTA FONES PTY LTD (ACN 100 510 290)

FIFTH RESPONDENT

PHILIP WAHBA

SIXTH RESPONDENT

YOU INTERNATIONAL TRADING PTY LTD (ACN 003 975 479)

SEVENTH RESPONDENT

8 DRAGONS PTY LTD (ACN 097 592 544)

EIGHTH RESPONDENT

KATHAY PTY LTD

NINTH RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 20 AUGUST 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1 There be summary judgment for the applicants pursuant to O 20 r 1 of the Federal Court Rules in terms of the declarations and orders hereinafter set out.

In relation to claims against the eighth respondent for summary judgment on liability THE COURT DECLARES THAT: 2 The court declares that the use of by the eighth respondent, whether by itself, its officers, its employees or agents or otherwise howsoever of any of the following Australian registered trade marks: (a) Australian Registered Trade Mark No. 458364 for NOKIA in class 9; (b) Australian Registered Trade Mark No. 490781 for NOKIA AND DEVICE in class 9; (c) Australian Registered Trade Mark No. 808735 for NOKIA in Class 16; (d) Australian Registered Trade Mark No. 867057 for NOKIA in classes 9, 18, 25, 38, 41 and 42; (together, referred to as "the Nokia Trade Marks") or any name, word, mark, sign or device which is substantially identical with or deceptively similar to any one or more of the Nokia Trade Marks in the course of trade on or in relation to: (e) any of the goods in respect of which the Nokia Trade Marks are respectively registered ("Registered Goods"); (f) goods of the same description as Registered Goods; or (g) services that are closely related to Registered Goods; not manufactured or provided by or under the authority of the applicant constitutes an infringement of the Nokia Trade Marks. AND THE COURT FURTHER ORDERS THAT: 3 The eighth respondent be restrained whether by itself, its officers, its employees or agents or otherwise howsoever from infringing any of the Nokia Trade Marks and in particular from using the Nokia Trade Marks or any of them or any name, word, mark, sign or device which is substantially identical with or deceptively similar to any one or more of the Nokia Trade Marks in the course of trade on or in relation to: