Bianco Hiring Service Pty Ltd v Bianco Construction Supplies Pty Ltd [2016] FCA 310

FEDERAL COURT OF AUSTRALIA

Bianco Hiring Service Pty Ltd v Bianco Construction Supplies Pty Ltd [2016] FCA 310 File number: SAD 226 of 2015

Judge: BESANKO J

Date of judgment: 31 March 2016

Catchwords: INTELLECTUAL PROPERTY – appeal from decision of a delegate of the Registrar of Trade Marks pursuant to s 56 of Trade Marks Act 1995 (Cth) – where delegate decided applicant was not the owner of the trade marks and ground of opposition under s 58 of the Trade Marks Act established – where parties entered into a Deed of Settlement after the appeal was lodged – where parties asked the Court to make orders allowing the appeal and registering the trade marks – consideration of the basis for making the orders sought by the parties.

Legislation: Trade Marks Act 1995 (Cth) ss 33, 44, 56, 58, 60 Trade Marks Regulations 1995 (Cth) reg 4.15A(5)

Date of hearing: 21 December 2015

Registry: South Australia

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Category: Catchwords

Number of paragraphs: 14

Counsel for the Appellant: Ms N Charlesworth with Mr F Camatta

Solicitor for the Appellant: Camatta Lempens Pty Ltd Lawyers

Counsel for the Respondent: Mr A Rosser

Solicitor for the Respondent: Cosoff Cudmore Knox

ORDERS SAD 226 of 2015

BETWEEN: BIANCO HIRING SERVICE PTY LTD ACN 105 211 390 Appellant

AND: BIANCO CONSTRUCTION SUPPLIES PTY LTD ACN 152 933 750 Respondent

JUDGE: BESANKO J DATE OF ORDER: 31 March 2016

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The trade mark forming the subject of trade mark application 1474353 be registered in respect of the goods and services specified in the application. 3. The trade mark forming the subject of trade mark application 1474359 be registered in respect of the goods and services specified in the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.