Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singtel Optus Pty Limited v Optum Inc (No. 2)[2018] FCA 963 Appeal from: Singtel Optus Pty Ltd v Optum, Inc [2016] ATMO 11
File number(s): NSD 286 of 2016
Judge(s): DAVIES J
Date of judgment: 26 June 2018
Catchwords: TRADE MARKS – Non-use of trade mark in respect of services – application for removal of trade mark in respect of those services for non-use – whether the Court should exercise its discretion under s 101(3) of the Trade Marks Act not to remove trade mark TRADE MARKS – whether scope of services should be narrowed – use of trade mark in respect of services established COSTS – Court's discretion to award costs – whether costs should be apportioned and if so, in what amount
Legislation: Federal Court of Australia Act 1976 (Cth) Trade Marks Act 1995 (Cth)
Cases cited: Austin, Nichols & Co Inc. v Lodestar Anstalt (2012) 202 FCR 490 Hills Industries Limited v Bitek Pty Ltd [2011] FCA 94 Hughes v Western Australia Cricket Association (Inc) [1986] FCA 382 Murray Goulburn Co-op Corporation v New South Wales Dairy Corporation (1990) 17 IPR 269 Shord v Commissioner of Taxation (No. 2) [2018] FCAFC 27 Singtel Optus Pty Limited v Optum Inc [2018] FCA 575 Wu v Li [2015] FCAFC 109
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