Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hills Holdings Limited v Bitek Pty Ltd [2011] FCA 644 Citation: Hills Holdings Limited v Bitek Pty Ltd [2011] FCA 644
Parties: HILLS HOLDINGS LIMITED (FORMERLY HILLS INDUSTRIES LIMITED) ACN 007 573 417 v BITEK PTY LTD ACN 084 308 207
File number: SAD 53 of 2011
Judge: MANSFIELD J
Date of judgment: 7 June 2011
Catchwords: INTELLECTUAL PROPERTY – whether leave to appeal pursuant to s 195 of the Trade Marks Act 1995 (Cth) should be granted – where applicant's opposition to the registration of the respondent's trade mark was dismissed before the Registrar for Trade Marks and single Judge of the Court – where leave to appeal in related proceedings has been consented to and concerns overlapping issues with this appeal – where discretion to grant leave is unfettered – leave to appeal granted
Legislation: Trade Marks Act 1995 (Cth)
Cases cited: Hills Industries Limited v Bitek Pty Ltd [2011] FCA 94 considered DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Scotch Whiskey Association v DeWitt [2008] FCA 73 cited Food Channel Network Pty Ltd v Television Food Network, G.P (2008) 84 IPR 112 cited Woolworths Ltd v BP plc (2006) 150 FCR 134 cited Genetics Institute Inc v Kirin-Amgen Inc (1999) 92 FCR 106 cited Lomas v Winton Shire Council [2003] AIPC 91-839 cited Clinique Laboratories Inc v Luxury Skin Care Brands Pty Ltd (2003) 61 IPR 130 cited E & J Gallo v Lion Nathan (2009) 175 FCR 386 cited Registrar of Trade Marks v Woolworths (1999) 93 FCR 365 cited McCormick & Co v McCormick (2000) 51 IPR 102 cited
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