Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 Citation: International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339
Parties: INTERNATIONAL HAIR COSMETICS GROUP PTY LTD ACN 057 921 945 v INTERNATIONAL HAIR COSMETICS LIMITED, AUSTRALIAN SALON PROFESSIONAL PTY LTD ACN 143 609 994 (FORMERLY KNOWN AS AFFINAGE SALON PROFESSIONAL PTY LTD), WAYNE FRANCIS WOOD and ERIC BAILEY
File number: QUD 342 of 2010
Judge: LOGAN J
Date of judgment: 8 April 2011
Catchwords: PRACTICE AND PROCEDURE – undertaking given to the Court by respondents – application of O 35 r 11 of the Federal Court Rules – whether proof of failure to fulfil an undertaking makes it obligatory to make an order – where applicant seeking injunctive relief for breach of order – rule must be considered in light of discretionary nature of the source of power – no obligation to make order PRACTICE AND PROCEDURE – construction of an undertaking to the Court – where undertaking a result of negotiations and a deed of settlement – undertaking to be construed taking into account the context of the surrounding circumstances TRADE MARKS – whether trade marks on a British website constituted use in Australia – where applicant owned registered marks in Australia and a respondent owned marks in the United Kingdom – whether trade marks were directed at Australian consumers – where website had a drop-down box with Australia as a choice – website targeted towards Australia – display of trade marks on website constituted use in Australia
Words & Phrases: "use as a sign"
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