Louis Vuitton Malletier v Sonya Valentine Pty Ltd [2013] FCA 933

FEDERAL COURT OF AUSTRALIA

Louis Vuitton Malletier v Sonya Valentine Pty Ltd [2013] FCA 933 Citation: Louis Vuitton Malletier v Sonya Valentine Pty Ltd [2013] FCA 933

Parties: LOUIS VUITTON MALLETIER v SONYA VALENTINE PTY LTD

File number: VID 611 of 2012

Judge: JESSUP J

Date of judgment: 19 September 2013

Catchwords: PRACTICE AND PROCEDURE – application for orders in relation to alleged defaults by respondent – whether failure to attend mediation is a failure to "attend a hearing in the proceeding" or failure to "defend the proceeding with due diligence" under r 5.22 of Federal Court Rules 2011 – whether respondent has failed to comply with orders of the court under r 5.22 of Federal Court Rules 2011 – whether Fast Track Statement is pleading for purposes of r 5.23(2)(c) of Federal Court Rules 2011 INTELLECTUAL PROPERTY – claim that respondent imported and sold sunglasses bearing marks similar to applicant's registered trademarks – whether allegedly infringing marks deceptively similar to applicant's registered trademarks under s 120 of Trade Marks Act 1995 (Cth) – relevance of reputation to test of deceptive similarity CONSUMER LAW – whether allegedly infringing sunglasses likely to mislead consumers in contravention of s 18 of Competition and Consumer Act 2010 (Cth) – whether mark specifying provenance of allegedly infringing sunglasses false or misleading in contravention of s 29 of Competition and Consumer Act 2010 (Cth)

Legislation: Competition and Consumer Act 2010 (Cth) ss 18, 29 Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011, rr 1.21, 4.04, 5.22, 5.23 Trade Marks Act 1995 (Cth), ss 7, 120, 126