Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Southcorp Brands Pty Ltd v Australia Rush Rich Winery Pty Ltd [2019] FCA 720 File number(s): VID 176 of 2018
Judge(s): BEACH J
Date of judgment: 3 May 2019
Date of publication of reasons: 21 May 2019
Catchwords: TRADE MARKS – summary judgment – default judgment – trade mark infringement – meaning of foreign words – meaning and pronunciation of Chinese characters – use as a trade mark – summary judgment granted – application to dispense with r 4.01(2) of Federal Court Rules 2011 (Cth) – dispensation refused
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A, 37M Federal Court Rules 2011 (Cth) rr 1.34, 4.01(2), 4.05(2), 5.22, 5.23(1)(b), 11.02, 26.01 Trade Marks Act 1995 (Cth) ss 7(3), 88(1)(a), 120(1), 228
Cases cited: Basetec Services Pty Ltd v CPB Contractors Pty Ltd [2017] FCA 510 Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 254 CLR 337 Osgaig Pty Ltd v Ajisen (Melbourne) Pty Ltd (2004) 213 ALR 153 Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd (2017) 251 FCR 379 Tolkien Estate Ltd v Saltalamacchia [2016] FCA 944 Upaid Systems Ltd v Telstra Corp Ltd (2016) 122 IPR 190; [2016] FCAFC 158
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