Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
3 Florinians Pty Ltd v PYT Enterprise Pty Ltd [2016] FCA 1077 File number(s): QUD 597 of 2016
Judge(s): GREENWOOD J
Date of judgment: 5 September 2016
Catchwords: INTELLECTUAL PROPERTY – consideration of an application for an interlocutory injunction to restrain the respondents from using a mark in the course of trade in connection with services for which the applicant's trade mark is registered, said to be deceptively similar to the registered trade mark of the applicant
Legislation: Trade Marks Act 1995 (Cth), ss 10, 120, 122, 126
Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Samsung Electronics Company Ltd v Apple Inc. (2011) 286 ALR 257 GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Ltd (2013) 305 ALR 363
Date of hearing: 1 September 2016
Date of last submissions: 1 September 2016
Registry: Queensland
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 84
Counsel for the Applicant: Mr D Eliades
Solicitor for the Applicant: Irish Bentley Lawyers
Counsel for the Respondents: Mr B McEniery
Solicitor for the Respondents: IP Gateway Lawyers
ORDERS QUD 597 of 2016
BETWEEN: 3 FLORINIANS PTY LTD ACN 139 456 385 Applicant
AND: PYT ENTERPRISE PTY LTD ACN 605 852 159 First Respondent
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate