Food Channel Network Pty Ltd v Television Food Network G.P. [2010] FCA 703

FEDERAL COURT OF AUSTRALIA

Food Channel Network Pty Ltd v Television Food Network G.P. [2010] FCA 703 Citation: Food Channel Network Pty Ltd v Television Food Network G.P. [2010] FCA 703

Parties: FOOD CHANNEL NETWORK PTY LTD (ACN 079 015 339) v TELEVISION FOOD NETWORK G.P.

File number(s): QUD 388 of 2008

Judges: GREENWOOD J

Date of judgment: 5 July 2010

Catchwords: INTELLECTUAL PROPERTY – consideration of an appeal by the trade mark owner from a decision of the Registrar to remove a trade mark from the register on the ground of non‑use – consideration of s 92(4)(b) of the Trade Marks Act 1995 (Cth) - consideration of whether the trade mark owner has used the mark in relation to the services for which it is registered – consideration of the meaning to be attributed to the services as specified

Legislation: Trade Marks Act 1995 (Cth), ss 17, 20, 20(2), 27(1), 27(3), 92(1), 92(4)(b), 120(1)

Cases cited: N.V. Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2008] FCA 1542 - cited Blount Inc. v Registrar of Trade Marks (1998) 83 FCR 50; 40 IPR 498 - cited Soncini v Registrar of Trade Marks (2001) 109 FCR 548 51 IPR 411 - cited Ostrowski‑Meissner v Registrar of Trade Marks (2006) 69 IPR 291 – cited Health World Ltd v Shin‑Sun Australia Pty Ltd [2010] HCA 13 – cited and quoted Daiquiri Rum Trade Mark [1969] RPC 600 – cited and quoted Ritz Hotel v Charles of the Ritz (1987) 12 IPR 417 – cited