Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bugatti GmbH v Shine Forever Men Pty Ltd (No 2) [2014] FCA 171 Citation: Bugatti GmbH v Shine Forever Men Pty Ltd (No 2) [2014] FCA 171
Parties: BUGATTI GMBH v SHINE FOREVER MEN PTY LTD (ACN 146 565 335)
File number: VID 263 of 2012
Judge: TRACEY J
Date of judgment: 7 March 2014
Catchwords: TRADE MARKS – relief – account of profits – calculating account of profits with limited financial information
Legislation: Trade Marks Act 1995 (Cth) – ss 120, 126 Federal Court of Australia Act 1976 (Cth) – ss 37M, 37N, 51A
Cases cited: Dart Industries Inc v Décor Corporation Pty Ltd (1993) 179 CLR 101 – cited Unilin Beeher BV v Huili Building Materials Pty Ltd (No 2) (2007) 74 IPR 345 - cited
Date of hearing: 17 February 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr E J C Heerey
Solicitor for the Applicant: Davies Collison Cave Law Pty Ltd
Solicitor for the Respondent: No appearance
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 263 of 2012
BETWEEN: BUGATTI GMBH
Applicant
AND: SHINE FOREVER MEN PTY LTD (ACN 146 565 335)
Respondent
JUDGE: TRACEY J DATE OF ORDER: 7 MARCH 2014 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The Respondent pay the Applicant AU$551,159.39 as an account of profits for the Respondent's infringement of the Applicant's trade mark registrations nos. 503207, 1054553 and 1151896. 2. The Respondent pay the Applicant's costs of and incidental to this proceeding since 20 November 2013, including costs reserved on 20 November 2013, on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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