Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vivo International Pty Ltd v Tivo Inc [2012] FCA 1167 Citation: Vivo International Pty Ltd v Tivo Inc [2012] FCA 1167
Appeal from: Tivo Inc v Vivo International Corporation Pty Ltd [2012] FCA 252
Parties: VIVO INTERNATIONAL PTY LTD (ACN 087 480 171) and FABIO MICHAEL GRASSIA v TIVO INC and TIVO BRANDS LLC
File number: VID 293 of 2012
Judge: NICHOLAS J
Date of judgment: 25 September 2012
Catchwords: PRACTICE AND PROCEDURE – undertaking given as condition of stay of primary judge's orders – appeal judgment reserved – interlocutory application by appellant to be released from undertaking – whether appellant should be released from undertaking
Legislation: Trade Marks Act 1995 (Cth) s 122(1)(e)
Cases cited: Adam P. Brown Male Fashions v Phillip Morris Inc (1981) 148 CLR 170 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Nominal Defendant (NSW) v Manning (2000) 50 NSWLR 139 Pivotel Satellite Pty Limited v Optus Mobile Pty Limited [2010] FCA 121 P Dawson Nominees Pty Ltd v Australian Securities and Investments Commission (No 2) [2009] FCA 413; (2009) 255 ALR 466
Date of hearing: 25 September 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 22
Counsel for the Appellants: Mr P Murdoch QC
Solicitor for the Appellants: Polczynski Lawyers
Counsel for the Respondents: Mr E J C Heerey
Solicitor for the Respondents: Davies Collison Cave Law
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