Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hungry Spirit Pty Limited ATF The Hungry Spirt Trust v Fit n Fast Australia Pty Ltd [2020] FCA 883 File number: NSD 260 of 2020
Judge: BURLEY J
Date of judgment: 23 June 2020
Catchwords: TRADE MARKS – appeal pursuant to s 104 of the Trade Marks Act 1995 (Cth) – where the parties have reached a settlement and the Registrar of Trade Marks does not oppose the orders sought – where there is no moving party on the appeal and no hearing on the merits of the appeal has been conducted – appeal allowed by consent
Legislation: Trade Marks Act 1995 (Cth) s 44,s 56, s 92, s 94, s 95, s 96, s 97, s 99, s 100, s 101, s 104 Trade Marks Regulations 1995 (Cth) reg 9.15
Cases cited: Bauer Consumer Media Ltd v Evergreen Television Pty Ltd [2019] FCAFC 71; 367 ALR 393 Hungry Spirit Pty Ltd ATF The Hungry Spirit Trust v Fit n Fast Australia Pty Ltd [2019] FCA 1277 Hungry Spirit Pty Ltd as Trustee for The Hungry Spirit Trust v Fit n Fast Australia Pty Limited [2020] ATMO 24 New England Biolabs Inc v F Hoffmann-La Roche AG [2004] FCAFC 213; 141 FCR 1; 62 IPR 510 Woolworths Ltd v BP PLC (No 2) [2006] FCAFC 132; 154 FLR 97; 235 ALR 698; 70 IPR 25
Date of last submissions: 10 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 17
Counsel for the Appellant: Mr D. Larish
Solicitor for the Appellant: Norton Rose Fulbright
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