Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King Par, LLC v Brosnan Golf Pty Ltd [2014] FCA 795 Citation: King Par, LLC v Brosnan Golf Pty Ltd [2014] FCA 795
Parties: KING PAR, LLC v BROSNAN GOLF PTY LTD ACN 010 033 155
File number(s): QUD 80 of 2013
Judge(s): GREENWOOD J
Date of judgment: 30 July 2014
Catchwords: INTELLECTUAL PROPERTY – consideration of an application under s 31A of the Federal Court of Australia Act 1976 (Cth) that judgment be entered for the applicant in an action for cancellation of the registration of the trade mark ORLIMAR, under s 88(1) of the Trade Marks Act 1995 (Cth) in reliance upon s 88(2)(a) having regard to the question under s 58 of that Act of whether registration of the trade mark could have been opposed on the ground that the applicant for the mark was not the owner of the mark – consideration of the issue of ownership of a trade mark – consideration of authorship and first use – consideration of abandonment of a trade mark and loss of ownership
Legislation: Evidence Act 1995 (Cth), ss 75, 136 Federal Court of Australia Act 1976 (Cth), ss 24, 31A Trade Marks Act 1995 (Cth), ss 27, 58, 88, 89
Cases cited: Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 - cited Sanofi v Parke Davis Pty Ltd (1982) 149 CLR 147 - cited Cubillo v Commonwealth (2001) 112 FCR 455 - cited Pham v Secretary, Department of Employment and Workplace Relations [2007] FCAFC 179 - cited Simundic v University of Newcastle [2007] FCAFC 144 - cited Zoia v Commonwealth Ombudsman Department (2007) 240 ALR 624 - cited Wills v Australian Broadcasting Corporation (2009) 173 FCR 284 - cited Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 - cited Dent v Australian Electoral Commissioner (2008) 249 ALR 523 - cited Spencer v The Commonwealth (2010) 241 CLR 118 - cited and quoted Adnunat Pty Ltd v ITW Construction Systems Australia Pty Ltd [2009] FCA 499 - cited Deckers Outdoor Corporation Inc v Farley (No 2) (2009) 176 FCR 33 - cited Edwards v Santos Ltd (2011) 242 CLR 421 - cited and quoted Food Channel Network Pty Ltd v Television Food Network GP (2010) 185 FCR 9 - cited Health World Ltd v Shin-Sun Australia Pty Ltd (2010) 240 CLR 590 - cited Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 592 - cited Colorado Group Ltd v Strandbags Group Pty Ltd (2007) 164 FCR 506 - cited Shell Co of Australia Ltd v Rohm and Haas Co (1948) 78 CLR 601 - cited Settef SpA v Riv-Oland Marble Co (Vic) Pty Ltd (1987) 10 IPR 402 - cited Aston v Harlee Manufacturing Co (1960) 103 CLR 391 - cited Moorgate Tobacco Co Ltd v Philip Morris Ltd (No. 2) (1984) 156 CLR 414 - cited and quoted Malibu Boats West Inc v Catanese (2000) 180 ALR 119 - cited Seven Up Co v OT Ltd (1947) 75 CLR 203 - cited and quoted Mouson & Co v Boehm (1884) 26 Ch D 398 - cited Riv-Oland Marble Co (Vic) Pty Ltd v Settef SpA (1988) 19 FCR 569 - cited and quoted Other materials: Shanahan's Australian Law of Trademarks and Passing Off, 5th Ed, Law Book Co
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