Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Solahart Industries Pty Ltd v Solar Shop Pty Ltd (No 3) [2011] FCA 884 Citation: Solahart Industries Pty Ltd v Solar Shop Pty Ltd (No 3) [2011] FCA 884
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: 8 August 2011
Catchwords: TRADE MARKS – Infringement – Remedies – alternate remedies of damages or account of profits – whether orders for investigation and discovery should be made prior to determination of availability of account of profits or election
Legislation: Trade Marks Act 1995 (Cth) ss 120(2)(a), 126 Federal Court Rules 1979 Federal Court Rules 2011
Cases cited: Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 cited Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25 cited LED Builders Pty Ltd v Eagle Homes Pty Ltd (1996) 70 FCR 436 cited Solahart Industries Pty Ltd v Solar Shop Pty Ltd [2011] FCA 700 cited
Date of hearing: 27 July 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 10
Counsel for the Applicants: Mr C Dimitraidis with Mr P Maddigan
Solicitor for the Applicants: DLA Piper
Counsel for the Applicants: Mr R J Webb SC with Mr C Burgess
Solicitor for the Applicants: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 717 of 2009
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