Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
UCP Gen Pharma AG v Mesoblast, Inc [2012] FCA 210 Citation: UCP Gen Pharma AG v Mesoblast, Inc [2012] FCA 210
Parties: UCP GEN PHARMA AG v MESOBLAST, INC
File number: VID 597 of 2010
Judge: JESSUP J
Date of judgment: 15 March 2012
Catchwords: INTELLECTUAL PROPERTY – Trade mark – Application for removal from Register for non-use – Whether non-use occurred because of circumstances that were an obstacle to the use of the trade mark – Whether, notwithstanding non-use not by reason of obstacle, it was reasonable not to order removal of trade mark from Register.
Legislation: Trade Marks Act 1995 (Cth) ss 92, 100, 101, 104
Cases cited: Austin, Nichols & Co Inc v Lodestar Anstalt [2012] FCAFC 8 CA Henschke and Co v Rosemount Estates Pty Ltd (2000) 52 IPR 42 Pioneer Computers Australia Pty Ltd v Pioneer KK (2009) 176 FCR 300 Woolly Bull Enterprises Pty Ltd v Reynolds (2001) 107 FCR 166
Date of hearing: 14-16, 19 December 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 45
Counsel for the Applicant: Ms S Ryan
Solicitor for the Applicant: Davies Collison Cave Law
Counsel for the Respondent: Dr S Ricketson
Solicitor for the Respondent: Middletons
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 597 of 2010
BETWEEN: UCP GEN PHARMA AG
Applicant
AND: MESOBLAST, INC
Respondent
JUDGE: JESSUP J DATE OF ORDER: 15 MARCH 2012 WHERE MADE: MELBOURNE
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