Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
JBS Australia Pty Ltd v Australian Meat Group Pty Ltd [2017] FCA 1421 File number(s): QUD 1163 of 2015
Judge(s): GREENWOOD J
Date of judgment: 30 November 2017
Catchwords: INTELLECTUAL PROPERTY – consideration of the question of whether the conduct of the respondent engages acts of infringement of the registered trade marks of the applicant for the purposes of s 120 of the Trade Marks Act 1995 (Cth) (the "Act") on the footing that the respondent is said to have used as a trade mark a sign that is substantially identical with the registered trade marks in relation to goods for which the trade marks are registered INTELLECTUAL PROPERTY – consideration of whether the conduct of the respondent engages infringement of the applicant's trade marks on the footing that the respondent is said to have used as a trade mark a sign that is deceptively similar to the registered trade marks in relation to goods for which the trade marks are registered INTELLECTUAL PROPERTY – consideration of the test to be applied in determining whether the conduct of the respondent engages use as a trade mark of a sign deceptively similar to the trade marks of the applicant in relation to goods for which the marks are registered having regard to s 10 of the Act – consideration of the principles to be applied
Legislation: Trade Marks Act 1995 (Cth), ss 10, 20, 120
Cases cited: Australian Woollen Mills Ltd v F S Walton & Co Ltd (1937) 58 CLR 641 Berlei Hestia Industries Ltd v Bali Co Inc (1973) 129 CLR 353 CA Henschke & Co. v Rosemount Estates Pty Ltd (2000) 52 IPR 42 Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 Crazy Ron's v Mobileworld (2004) 61 IPR 212 Jafferjee v Scarlett (1937) 57 CLR 115 Jones v Dunkel (1959) 101 CLR 298 Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174 Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 Southern Cross Refrigerating Co. v Toowoomba Foundry Pty Ltd (1954) 91 CLR 529 The Shell Co. of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963) 109 CLR 407
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