Red Bull GmbH v Bullsone Co Ltd [2019] FCA 545

FEDERAL COURT OF AUSTRALIA

Red Bull GmbH v Bullsone Co Ltd [2019] FCA 545 File number: NSD 2233 of 2018

Judge: ALLSOP CJ

Date of judgment: 17 April 2019

Catchwords: TRADE MARKS – application for cancellation of trade mark – where respondent failed to participate in proceedings – application for default judgment granted with costs of the proceeding and of the removal/cessation application

Legislation: Trade Marks Act 1995 (Cth), ss 88, 92, 94 Federal Court Rules 2011 (Cth), r 5.23

Cases cited: Blacktown Workers Club Limited v Blacktown Workers Basketball Association Incorporated [2017] FCA 576

Date of hearing: 17 April 2019

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Category: Catchwords

Number of paragraphs: 8

Counsel for the Applicant: Mr E Heerey QC

Solicitor for the Applicant Gilbert + Tobin

Counsel for the Respondent: The respondent did not appear

ORDERS NSD 2233 of 2018

BETWEEN: RED BULL GMBH Applicant

AND: BULLSONE CO LTD Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 17 APRIL 2019

THE COURT ORDERS THAT:

1. Pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (the Rules), judgment be given against the respondent for the relief claimed in the Statement of Claim dated 5 December 2018 and the Originating Application dated 29 November 2018 by reason of the respondent being in default by failing: (a) to file a Notice of Address for Service as required by r 11.06 of the Rules; (b) to attend the case management hearing on 20 December 2018; (c) to file a Genuine Steps Statement as required by r 5.03(1) of the Rules; (d) to file a Defence within 28 days after service of the Statement of Claim, as required by r 16.32 of the Rules, or file and serve a Defence by 18 January 2019 in compliance with paragraph 1 of the Order made on 20 December 2018; and (e) to defend the proceeding with due diligence. 2. The Australian trade mark registration number 1860130 be cancelled under section 88(1)(a) of the Trade Marks Act 1995 (Cth). 3. The respondent pay the applicant's costs of this proceeding and of the removal/cessation application, as agreed or assessed. THE COURT DIRECTS THAT: 4. The applicant serve the form of order on the respondent within 48 hours of receipt. 5. On or before Friday 26 April 2019, the applicant serve on the respondent the settled form of these reasons. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.