Selth v Australasian Barrister Chambers Pty Ltd (No 3) [2017] FCA 649

FEDERAL COURT OF AUSTRALIA

Selth v Australasian Barrister Chambers Pty Ltd (No 3) [2017] FCA 649 File number(s): NSD 975 of 2014 NSD 1019 of 2014

Judge(s): GREENWOOD J

Date of judgment: 8 June 2017

Catchwords: INTELLECTUAL PROPERTY – consideration of an application by the Australian Bar Association in the form of the unincorporated association known as the Australian Bar Association and the company limited by guarantee called ABA Australian Bar Association Limited ("ABA Ltd) for declarations and injunctions in relation to the conduct of the respondents in registering the business name Australian Bar Association and the business name Australian Barristers Association – consideration of contentions of infringement of registered trade marks now owned by ABA Ltd but formerly held by an individual on behalf of the ABA – consideration of claims in relation to the use of the name "AustBar" in various configurations – consideration of the use of domain names adopting austbar and austbaradr – consideration of the use by the respondents in the proceedings commenced by the New South Wales Bar Association of the sign or mark "AustBar" – consideration of the use of particular websites bearing particular domain names, in that context – consideration of the accessorial liability of Mr Minus

Legislation: Trade Marks Act 1995 (Cth), s 120(1) Business Names Registration Act 2011 (Cth), s 23(1) Australian Consumer Law, ss 18(1), 29(1)(g), 29(1)(h) and 236

Cases cited: Australian Society of Accountants v Federation of Australian Accountants (1987) 9 IPR 282 Campomar v Nike International (2000) 202 CLR 45 Crescent Funds Management (Aust) Ltd v Crest Capital Partners Management Pty Limited [2017] FCAFC 2 Coco-Cola Co v All-Fect Distributors Ltd (1999) 96 FCR 107 CPA Australia Limited v Dunn (2007) 74 IPR 495 Shell Co of Australia Ltd v Esso Standard Oil (Australia) (1963) 109 CLR 407