Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fairfax Media Publications Pty Limited v Network Ten Pty Limited [2018] FCA 2003 File number: NSD 2071 of 2018
Judge: YATES J
Date of judgment: 11 December 2018
Catchwords: TRADE MARKS – application for interim injunctive relief for alleged infringement of trade mark – undertaking proffered by respondent to cease use of the trade mark subsequent to hearing of the application – whether undertaking should be accepted – whether respondent should bear the applicant's costs
Legislation: Australian Consumer Law (Sch 2 of the Competition and Consumer Act 2010 (Cth)), ss 18, 29(1)(h) Corporations Act 2001 (Cth), s 411(4) Trade Marks Act 1995 (Cth), ss 27(b), 120(1), 122
Cases cited: Fairfax Media Limited; in the matter of Fairfax Media Limited (No 2) (2018) FCA 1930
Date of hearing: 11 December 2018
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: Mr H P T Bevan with Ms L Thomas
Solicitor for the Applicant: Norton Rose Fulbright
Counsel for the Respondent: Mr N R Murray SC with Ms F St John
Solicitor for the Respondent: Baker & McKenzie
Table of Corrections
13 December 2018 In [28], "s 121(1)" has been amended to "s 120(1)".
ORDERS NSD 2071 of 2018
BETWEEN: FAIRFAX MEDIA PUBLICATIONS PTY LIMITED ACN 003 357 720 Applicant
AND: NETWORK TEN PTY LIMITED ACN 052 515 250 Respondent
JUDGE: YATES J DATE OF ORDER: 11 DECEMBER 2018
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