Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2013] FCA 900 Citation: Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2013] FCA 900
Parties: LIFT SHOP PTY LTD (ACN 109 724 647) v EASY LIVING HOME ELEVATORS PTY LTD (ACN 083 936 896)
File number(s): NSD 1875 of 2012
Judge(s): BUCHANAN J
Date of judgment: 10 September 2013
Catchwords: TRADE MARKS – where applicant and respondent compete in selling lifts and elevators – where applicant's trade mark includes the words 'lift shop' – whether respondent infringed the applicant's trade mark or engaged in misleading and deceptive conduct in using the words 'lift shop' in its search engine results – whether potential consumers would associate applicant and respondent
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 s 18 Trade Marks Act 1995 (Cth), s 126(2)
Cases cited: Crazy Ron's Communications Pty Ltd v Mobileworld Communications Pty Ltd (2004) 209 ALR 1
Date of hearing: 5 and 6 August 2013
Date of last submissions: 6 August 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 53
Counsel for the Applicant: Mr R J Webb SC and Mr D Eliades
Solicitor for the Applicant: Giles, Payne & Co
Counsel for the Respondent: Mr D B Studdy SC and Ms J M Beaumont
Solicitor for the Respondent: Lander & Rogers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1875 of 2012
BETWEEN: LIFT SHOP PTY LTD (ACN 109 724 647)
Applicant
AND: EASY LIVING HOME ELEVATORS PTY LTD (ACN 083 936 896)
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