Facton Ltd v Xu [2015] FCA 66

FEDERAL COURT OF AUSTRALIA

Facton Ltd v Xu [2015] FCA 66 Citation: Facton Ltd v Xu [2015] FCA 66

Parties: FACTON LTD, G-STAR RAW CV and G-STAR AUSTRALIA PTY LTD ACN 084 011 852 v JIA ZHI (JOHN) XU, YUN QUE MA, BAIS BROS PTY LTD ACN 115 249 404 and APPAREL 23 PTY LTD ACN 144 882 128

File number: NSD 1564 of 2013

Judge: GLEESON J

Date of judgment: 11 February 2015

Corrigendum: 12 March 2015

Catchwords: TRADE MARKS – whether second respondent infringing G-Star trademarks under s 120 of Trade Marks Act 1995 by importing or selling garments bearing trademarks – whether second respondent exercised control, asserted ownership or took profits from business that infringed trademarks – where second respondent former wife of first respondent – where default judgment obtained against first, third and fourth respondents – whether second respondent involved in first respondent's business – proceedings dismissed against second respondent COPYRIGHT – whether second respondent infringed or authorised the infringement of copyright in G-Star logos TRADE PRACTICES – whether second respondent engaged in misleading and deceptive conduct in contravention of ss 42 and 44 of Fair Trading Act 1987 and ss 18 and 29 of Australian Consumer Law – whether second respondent involved in contraventions of ss 52 and 53 of Trade Practices Act 1974 for purposes of s 75B TORT – passing off – whether second respondent passed off business as having sponsorship, approval or connection with the applicants – whether second respondent passed off counterfeit products as genuine products