Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Donzenac Pty Ltd v MCV Enviroworks Pty Ltd [2015] FCA 361 Citation: Donzenac Pty Ltd v MCV Enviroworks Pty Ltd [2015] FCA 361
Parties: DONZENAC PTY LTD v MCV ENVIROWORKS PTY LTD
File number(s): QUD 391 of 2014
Judge(s): GREENWOOD J
Date of judgment: 20 April 2015
Catchwords: INTELLECTUAL PROPERTY – consideration of an application for an extension of time to file an appeal under s 56 of the Trade Marks Act 1995 (Cth) from a decision of the Delegate of the Registrar of Trade Marks made under s 55 of the Act PRACTICE AND PROCEDURE – consideration of the principles to be applied in exercising the discretion under r 34.25 of the Federal Court Rules 2011 to extend time for the filing of a notice of appeal from a decision of the Registrar of Trade Marks – consideration of the nature of such an appeal
Legislation: Trade Marks Act 1995 (Cth), ss 55, 56, 197 Federal Court Rules 2011, rr 34.24, 34.25
Cases cited: Blount Inc v Registrar of Trade Marks (1998) 83 FCR 50 - cited Austereo Pty Ltd v DMG Radio (Australia) Pty Ltd (2004) 209 ALR 93 – cited Ocean Spray Cranberries Inc v Registrar of Trade Marks (2000) 47 IPR 579 – cited Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 – cited NV Sumatra Tobacco Trading Company v British American Tobacco Services Ltd (2011) 198 FCR 435; 283 ALR 743 – cited Allesch v Maunz (2000) 203 CLR 172 – cited and quoted Coal & Allied v AIRC (2000) 203 CLR 194 – cited and quoted Lomas v Winton Shire Council [2003] AIPC 91-839 – cited Southern Cross Refrigerating Company v Toowoomba Foundry Pty Ltd (1953) 91 CLR 592 – cited Food Channel Network Pty Ltd v Television Food Network GP (2010) 185 FCR 9 – cited Kabushiki Kaisha Universal v Aristocrat Leisure Industries Pty Ltd BC9800472 [1998] AIPC 91-396 – cited and quoted
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