Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tivo Inc v Vivo International Corporation Pty Ltd (No 3) [2013] FCA 797 Citation: Tivo Inc v Vivo International Corporation Pty Ltd (No 3) [2013] FCA 797
Parties: TIVO INC AND TIVO BRANDS, LLC v VIVO INTERNATIONAL CORPORATION PTY LTD (ACN 087 480 171) AND FABIO GRASSIA
File number: VID 25 of 2011
Judge: DODDS-STREETON J
Date of judgment: 30 July 2013
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – applicants seek information to permit informed election between damages and an account of profits – alleged non-compliance with previous orders to provide particular information by way of affidavit – inadequacies and inconsistencies in information – assertion that affidavits relied upon but "not read" COSTS – failure to comply with previous orders – applicants obliged to repeat previously successful application – costs awarded on a solicitor and client basis
Legislation: Trade Marks Act 1995 (Cth) s 122(1)(e)
Cases cited: Dr Martens Australia Pty Ltd v Bata Shoe Company of Australia Pty Ltd (1997) 75 FCR 230; (1997) 145 ALR 233 LED Builders Pty Ltd v Eagle Homes Pty Ltd (No 3) (1996) 70 FCR 436; 36 IPR 293 Tang Man Sit, Personal Representatives of v Capacious Investments Ltd [1996] AC 514; [1996] 2 WLR 192; [1996] 1 All ER 193 Tivo Inc v Vivo International Corporation Pty Ltd [2012] FCA 252
Date of hearing: 30 July 2013
Date of publication of reasons: 9 August 2013
Date of last submissions: 30 July 2013
Place: Melbourne
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