Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Solahart Industries Pty Ltd v Solar Shop Pty Ltd [2011] FCA 700 Citation: Solahart Industries Pty Ltd v Solar Shop Pty Ltd [2011] FCA 700
Parties: SOLAHART INDUSTRIES PTY LTD and RHEEM AUSTRALIA PTY LTD v SOLAR SHOP PTY LTD and SOLAR HUT PTY LTD
File number: NSD 717 of 2009
Judge: PERRAM J
Date of judgment: 21 June 2011
Catchwords: TRADE MARKS – Infringement – 'use' of trade marks – whether marks substantially identical – whether marks deceptively similar – principles relevant to determination of goods of the same description – significance of aural infringement – domain name as trade mark 'use' – Trade Marks Act 1995 (Cth) ss 120(1), 120(2) TRADE PRACTICES – Misleading or deceptive conduct – passing off – whether use of mark suggested a connexion to another entity or brand – reputation and goodwill in logo – misrepresentation in deceptive similarity – no damage in passing off as misunderstanding would benefit applicant – Trade Practices Act 1974 (Cth) s 52 PRACTICE AND PROCEDURE – Pleadings – application to amend – no explanation for delay PRACTICE AND PROCEDURE – Suppression order – application under Federal Court of Australia Act 1976 (Cth) s 50 – whether necessary to prevent prejudice to the administration of justice
Legislation: Federal Court of Australia Act 1976 (Cth) s 50 Competition and Consumer Act 2010 (Cth) Trade Marks Act (Cth) s 120 Trade Practices Act 1974 (Cth) s 52 Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate