Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (No 2) [2014] FCA 418 Citation: Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (No 2) [2014] FCA 418
Parties: PHONE DIRECTORIES COMPANY AUSTRALIA PTY LTD v TELSTRA CORPORATION LIMITED
File number: VID 373 of 2011
Parties: YELLOWBOOK.COM.AU PTY LTD and EMMANUEL KHOURY v TELSTRA CORPORATION LIMITED
File number: QUD 220 of 2010
Judge: MURPHY J
Date of judgment: 30 April 2014
Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Byrnes v Brisconnections Management Company Limited [2009] FCA 1432
Date of last submissions: 28 April 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 12
Counsel for the Applicants: The Applicants did not appear
Counsel for the Respondents: The Respondents did not appear
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 373 of 2011
BETWEEN: PHONE DIRECTORIES COMPANY AUSTRALIA PTY LTD
Applicant
AND: TELSTRA CORPORATION LIMITED
Respondent
JUDGE: MURPHY J DATE OF ORDER: 30 april 2014 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The decision of the delegate of the Registrar of Trade Marks on 19 April 2011 in Phone Directories Company Australia Pty Ltd v Telstra Corporation Limited (2011) 93 IPR 513 given in respect of Australian trade mark application number 963492 be set aside. 3. The Applicant's opposition to Australian trade mark application number 963492 be allowed. 4. Australian trade mark application number 963492 be refused. 5. The Respondent pay the Applicant's costs of: (a) this appeal, including all reserved costs; and (b) the opposition proceeding concerning Australian trade mark application number 963492 before the Registrar of Trade Marks. 6. The Applicant serve a copy of these orders on the Registrar of Trade Marks within seven (7) days of the date of making this order. 7. The Registrar of Trade Marks is directed not to take any action in relation to Australian trade mark application number 963492 until no earlier than twenty-one (21) days after the date of these orders, or the resolution of any appeal, whichever date is later. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION QUD 220 of 2010
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