Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elwood Clothing Pty Ltd (ACN 079 393 696) v Cotton On Clothing Pty Ltd (ACN 052 130 462) [2009] FCA 633
ELWOOD CLOTHING PTY LTD (ACN 079 393 696) v COTTON ON CLOTHING PTY LTD (ACN 052 130 462)
VID 800 of 2007
GORDON J
12 JUNE 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 800 of 2007
BETWEEN: ELWOOD CLOTHING PTY LTD (ACN 079 393 696)
Applicant
AND: COTTON ON CLOTHING PTY LTD (ACN 052 130 462)
Respondent
JUDGE: GORDON J
DATE OF ORDER: 12 JUNE 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The Respondent pay the Applicant damages in the sum of $280,000.00. 2. The Respondent pay the Applicant's costs incurred after 8 April 2009 in seeking damages. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 800 of 2007
BETWEEN: ELWOOD CLOTHING PTY LTD (ACN 079 393 696)
Applicant
AND: COTTON ON CLOTHING PTY LTD (ACN 052 130 462)
Respondent
JUDGE: GORDON J
DATE: 12 JUNE 2009
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This judgment is concerned with quantum. The Applicant "seeks a determination on quantum as a result of the Full Federal Court of Australia's finding that the Respondent had infringed the Applicant's copyright rights". 2 On 7 April 2008, I dismissed the Applicant's application and the cross-claim and ordered the Applicant to pay the Respondent's costs of the application to be taxed, in default of agreement: Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd (2008) 76 IPR 83. The Applicant appealed to the Full Court of the Federal Court. On 23 December 2008, the Full Court allowed the appeal and, after setting aside the orders made on 7 April 2008, remitted the proceeding for the "determination of any further relief to which the Applicant is entitled or should be granted". These reasons for judgment address that issue.
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