Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NEC Corporation v Punch Video (S) Pte Limited [2005] FCA 1126
INTELLECTUAL PROPERTY – trade marks – appeal from decision of a delegate of the Registrar of Trade Marks – whether trade mark sought to be registered is deceptively similar to a trade mark registered by the applicant – where trade mark sought to be registered adopted and used because it suggests a connection with the goods of the applicant.
Trade Marks Act 1995 (Cth) s 10, s 44
Australian Woollen Mills Limited v F S Walton and Company Limited (1937) 58 CLR 641 applied Caterpillar Loader Hire (Holdings) Pty Ltd v Caterpillar Tractor Co (1983) 77 FLR 139 referred to Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 followed Southern Cross Refrigerating Company v Toowoomba Foundry Proprietary Limited (1954) 91 CLR 592 cited Windsor Smith Pty Ltd v Dr Martens Australia Pty Ltd (2001) 49 IPR 286 distinguished NEC CORPORATION v PUNCH VIDEO (S) PTE LIMITED NSD 812 of 2003 BRANSON J 16 AUGUST 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 812 of 2003
BETWEEN: NEC CORPORATION
APPLICANT
AND: PUNCH VIDEO (S) PTE LIMITED
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 16 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal from the decision of the Delegate of the Registrar of Trade Marks made on 17 June 2003 be allowed and the decision of the Delegate reversed. 2. The application to register the trade mark 'necvox' be refused. 3. The respondent pay the applicant's costs of this appeal and of the opposition proceedings before the Delegate.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 812 of 2003
BETWEEN: NEC CORPORATION
APPLICANT
AND: PUNCH VIDEO (S) PTE LIMITED
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