Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Collins House Pty Ltd v Golden Age Sunrise Development Pty Ltd [2015] FCA 724 Citation: Collins House Pty Ltd v Golden Age Sunrise Development Pty Ltd [2015] FCA 724
Parties: COLLINS HOUSE PTY LTD (ACN 109 236 722) and ALAFACI NOMINEES PTY LTD (ACN 006 267 554) AS THE TRUSTEE FOR THE DOMINIC ALAFACI FAMILY TRUST v GOLDEN AGE SUNRISE DEVELOPMENT PTY LTD (ACN 602 142 049), APG ON COLLINS PTY LTD (ACN 141 107 440) and GA COLLINS DEVELOPMENT PTY LTD (ACN 602 142 030)
File number: VID 343 of 2015
Judge: MORTIMER J
Date of judgment: 17 July 2015
Catchwords: INTELLECTUAL PROPERTY – application for interlocutory injunctions on grounds of contravention of ss 18(1) and 29(1)(g) and (h) of the Australian Consumer Law, passing off, infringement of registered trade mark – consideration of relevant factors – no serious question to be tried – similar incidental services not sufficient to give rise to overlapping services – confusion likely to be transitory only – balance of convenience – considerable prejudice to respondents if injunctions granted – interlocutory relief sought would effectively deliver final relief PRACTICE AND PROCEDURE – application for interlocutory injunctions – consideration of relevant factors – no serious question to be tried – balance of convenience – considerable prejudice to respondents if injunctions granted – interlocutory relief sought would effectively deliver final relief
Legislation: Australian Consumer Law ss 18(1), 29(1)(g), 29(1)(h), 232, 236 Federal Court of Australia Act 1976 (Cth) s 21 Trade Marks Act 1995 (Cth) ss 120, 126
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