Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dorel Home Furnishings, Inc. v Faulkner Industries Pty Ltd [2020] FCA 353 File number: VID 1234 of 2019
Judge: DAVIES J
Date of judgment: 13 March 2020
Catchwords: PRACTICE AND PROCEDURE – default judgment under r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – respondent had not entered an appearance or filed a defence or appeared at case management hearing – respondent in default – applicant entitled to relief sought – cancellation of trade marks – judgment given for the applicant
Legislation: Federal Court Rules 2011 (Cth), rr 5.02, 5.22, 5.23(2)(c), 16.32 Trade Marks Act 1995 (Cth), ss 58, 59, 60, 62A, 88
Cases cited: Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 133 Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606 Dunlop Aircraft Tyres Ltd v The Goodyear Tire & Rubber Co [2018] FCA 1014; 262 FCR 76
Date of hearing: 13 March 2020
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Mr I. P. Horak
Solicitor for the Applicant: Duncan Cotterill Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS VID 1234 of 2019
BETWEEN: DOREL HOME FURNISHINGS, INC. Applicant
AND: FAULKNER INDUSTRIES PTY LTD (ACN 143 293 716) Respondent
JUDGE: DAVIES J DATE OF ORDER: 13 MARCH 2020
THE COURT ORDERS THAT:
1. Pursuant to r 5.23(2)(c) of the Federal Court Rules, that judgment be entered against the respondent. 2. Pursuant to s 88(1) of the Trade Marks Act 1995 (Cth), the Register of Trade Marks kept by the Registrar of Trade Marks under s 207 of the Trade Marks Act 1995 (Cth) (the Register) be rectified by cancelling each of Australian Trade Mark Registration Nos. 1572717 and 1753737 (the COSCO Registrations). 3. The applicant serve a copy of these Orders on: (a) the Registrar of Trade Marks; and (b) the respondent; within seven (7) days of this order. 4. The Court directs that the Registrar of Trade Marks record the cancellation of the COSCO Registrations on the Register. 5. The respondent pay the costs of the interlocutory application filed 3 March 2020 together with the costs of the proceeding, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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