Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Apple Inc v Macpro Computers (Aust) Pty Limited [2010] FCA 1505 Citation: Apple Inc v Macpro Computers (Aust) Pty Limited [2010] FCA 1505
Parties: APPLE INC v MACPRO COMPUTERS (AUST) PTY LIMITED
File number(s): NSD 176 of 2009
Judge: EMMETT J
Date of judgment: 6 December 2010
Legislation: Trade Marks Act 1995 (Cth) ss 55 and 56
Date of hearing: 6 December 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 6
Counsel for the Applicant: S.C.G. Burley SC and A.D.B. Fox
Solicitor for the Applicant: Clayton Utz
Counsel for the Respondent: J. Beaumont
Solicitor for the Respondent: Blake Dawson
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 176 of 2009
BETWEEN: APPLE INC
Applicant
AND: MACPRO COMPUTERS (AUST) PTY LIMITED
Respondent
JUDGE: EMMETT J DATE OF ORDER: 6 DECEMBER 2010 WHERE MADE: SYDNEY
THE COURT ORDERS BY CONSENT THAT:
1. The appeal from the decision of the delegate of the Registrar of Trade Marks given on 12 February 2009 in respect of trade mark application No. 1114115 be allowed. 2. The decision of the Registrar of Trade Marks be set aside insofar as it relates to the refusal to allow registration of trade mark application No. 1114115 in respect of the following goods and services in class 9: 'computers; computer hardware, computer software; computer peripherals; notebook computers; laptop computers; tablet computers; computer servers; handheld computers; mobile computers; hard drives; audio speakers; speakers for computers; electronic notepads; magnetic data carriers; microprocessors; memories boards; monitors; displays; keyboards; computer input devices; computer cables; modems; printers; parts and accessories for all the aforesaid goods'. 3. The trade mark application No. 1114115 proceed to registration without conditions or limitations. 4. There be no order as to costs. 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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