Spagnuolo v Mantra IP Pty Ltd [2012] FCA 1038

FEDERAL COURT OF AUSTRALIA

Spagnuolo v Mantra IP Pty Ltd [2012] FCA 1038 Citation: Spagnuolo v Mantra IP Pty Ltd [2012] FCA 1038

Appeal from: Application for extension of time: Mantra IP Pty Ltd v Spagnuolo [2012] FCA 769 Application for leave to appeal: Mantra IP Pty Ltd v Spagnuolo [2012] FCA 769

Parties: DANILO SPAGNUOLO v MANTRA IP PTY LTD ACN 129 980 981 and REGISTRAR OF TRADE MARKS

File number: QUD 385 of 2012

Judge: LOGAN J

Date of judgment: 10 September 2012

Catchwords: PRACTICE AND PROCEDURE – appeal – leave to – where leave to appeal not obtained within time provided pursuant to r 35.13 of the Federal Court Rules 2011 (Cth)– consideration of where interests of justice lie – whether particular point raises a question of general importance to the parties and more widely – leave to appeal outside of time granted INTELLECTUAL PROPERTY – trade marks – whether leave to appeal pursuant to s 195 of the Trade Marks Act 1995 (Cth) should be granted – occasion for appellate scrutiny of evidentiary case if leave granted – leave to appeal warranted INTELLECTUAL PROPERTY – trade marks – where leave to appeal pursuant to s 195 of the Trade Marks Act 1995 (Cth) is granted – whether a stay of the orders of the Court should be granted – where applicant's opposition to the registration of the respondent's trade mark was successful before the Registrar for Trade Marks though unsuccessful before single Judge of the Court – potential for mischief in the marketplace if stay not ordered prior to final judgment – stay of orders granted