Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Snack Foods Limited v Premier 1st Pty Ltd [2013] FCA 135 Citation: Snack Foods Limited v Premier 1st Pty Ltd [2013] FCA 135
Parties: SNACK FOODS LIMITED (ACN 007 130 501) and SNACK BRANDS AUSTRALIA (ABN 38 424 554 643) v PREMIER 1ST PTY LTD (ACN 080 339 108) and MEDORA SNACKS LLC
File number: NSD 1723 of 2012
Judge: FOSTER J
Date of judgment: 25 February 2013
Catchwords: TRADE MARKS – whether the owner of an Australian registered trade mark for the words POPPED CORNERS was entitled to restrain on an interlocutory basis the use of the trade mark POPCORNERS in Australia in connection with such food products – prima facie case of infringement established but injunctive relief refused on the ground that the balance of convenience and justice favoured the refusal of interlocutory relief
Legislation: Australian Consumer Law Trade Marks Act 1995 (Cth), ss 58, 59, 62A, 88(1), 88(2)(a), 120, 122(1)(fa), 124, 126(a)
Cases cited: Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 cited Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 applied Samsung Electronics Co Ltd v Apple Inc (2011) 286 ALR 257 applied
Date of hearing: 23 November 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 68
Counsel for the Applicants: Mr R Cobden SC and Ms J Beaumont
Solicitor for the Applicants: King & Wood Mallesons
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