Wang v Anying Group Pty Ltd [2011] FCA 1196

FEDERAL COURT OF AUSTRALIA

Wang v Anying Group Pty Ltd [2011] FCA 1196 Citation: Wang v Anying Group Pty Ltd [2011] FCA 1196

Parties: HUA WEI WANG, XINYING PTY LTD (ACN 118 548 977) and NEW CENTURY 2001 PTY LTD TRADING AS ANYING SYDNEY COMPANY (ACN 114 661 568) v ANYING GROUP PTY LTD (ACN 126 282 657), YANYAN SUN and YUN CHEN; ANYING GROUP PTY LTD (ACN 126 282 657), YANYAN SUN and YUN CHEN v HUA WEI WANG, XINYING PTY LTD (ACN 118 548 977), NEW CENTURY 2001 PTY LTD TRADING AS ANYING SYDNEY COMPANY (ACN 114 661 568), REGISTRAR OF TRADE MARKS, CHUANG WANG and ANYING INTERNATIONAL FINANCIAL PTY LIMITED (ACN 105 067 990)

File number: NSD 768 of 2008

Judge: FOSTER J

Date of judgment: 21 October 2011

Catchwords: TRADE MARKS – whether one of three applicants was the owner of a registered trade mark comprising a word, a logo and several Chinese characters – whether, in the event that that applicant was not the owner of that trade mark, the trade mark should be cancelled pursuant to s 88 of the Trade Marks Act 1995 (Cth) TRADE PRACTICES – whether, by using a trade mark and trade name identical to those used by one or more of the applicants, a corporation was guilty of misleading and deceptive conduct and misrepresentation in contravention of s 52 and s 53(d) of the Trade Practices Act 1974 (Cth) and the tort of passing off – whether those individuals responsible for establishing and managing that corporation should, in the circumstances of the case, be held liable as accessories to the contraventions by the corporation pursuant to s 75B of the Trade Practices Act 1974 (Cth)