Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218 Citation: Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218
Parties: SOCIETE DES PRODUITS NESTLE S.A. v ALDI STORES (A LIMITED PARTNERSHIP)
File number NSD 1478 of 2008
Judge: NICHOLAS J
Date of judgment: 5 March 2010
Legislation: Trade Marks Act 1995 (Cth) ss 56, 68(1) Patents Act 1990 (Cth) s 60(4)
Cases cited: Cadbury Schweppes Pty Limited v Effem Foods Pty Limited (2006) 69 IPR 584 applied European Community v Commissioner of Patents (2006) 68 IPR 539 applied
Date of hearing: 5 March 2010
Date of last submissions: 5 March 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 10
Solicitor for the Applicant: Banki Haddock Fiora
Solicitor for the Respondent: Swaab Attorneys
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1478 of 2008
BETWEEN: SOCIETE DES PRODUITS NESTLE S.A.
Applicant
AND: ALDI STORES (A LIMITED PARTNERSHIP)
Respondent
JUDGE: NICHOLAS J
DATE OF ORDER: 5 MARCH 2010
WHERE MADE: SYDNEY
BY CONSENT THE COURT ORDERS THAT:
1. The appeal from the decision of the delegate of the Registrar of Trade Marks given on 27 August 2008 in respect of trade mark application no. 822780 be allowed. 2. The decision be set aside. 3. The trade mark application the subject of the appeal proceed to registration.
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 Federal Law Search on the Court's website.
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