Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 3) [2008] FCA 1869
INTELLECTUAL PROPERTY – TRADE MARKS – infringement of s120 Trade Marks Act 1995 (Cth) by software enabled internet postal service – form of injunctive relief COSTS – applicant successful on one cause of action – whether costs should follow event – whether circumstances justify apportioning percentage of costs – effect of undertaking given during trial Held: declarations and injunction ordered – applicant not completely successful – circumstances justify awarding applicant its costs at 80%
Federal Court of Australia Act 1976 (Cth) s 43(2) Trade Marks Act 1995 (Cth) s 7(4), s 10, s 120(1) Trade Practices Act 1974 (Cth)
Australian Trade Commission v Disktravel [2000] FCA 62 cited Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 1) [2008] FCA 1760 related Bing! Software Pty Ltd v Bing Technologies Pty Limited (No 2) [2008] FCA 1761 related Dodds Family Investment Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 cited Doric Products Pty Ltd v Lockwood Security Products Pty Ltd (2002) 54 IPR 495 cited Dr Martens Australia v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 cited Foots v Southern Cross Mine Management Pty Ltd (2007) 241 ALR 32 cited Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 cited New South Wales Dairy Corporation v Murray Goulburn Co-operative Company (1989) 14 IPR 75 considered Oshlack v Richmond River Council [1998] 193 CLR 72 cited Probiotec Ltd v The University of Melbourne (2008) FCAFC 5 cited Verna Trading Pty Ltd v New India Assurance Pty Ltd [1991] 1 VR 129 cited BING! SOFTWARE PTY LTD ACN 078 281 197 v BING TECHNOLOGIES PTY LIMITED ACN 098 420 903 and STEVEN PATRICK CRANITCH
QUD 234 of 2007
COLLIER J
10 DECEMBER 2008
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