Federal Court of Australia
Federal Court of Australia
Enagic Co., Ltd v Horizons (Asia) Pty Ltd (No 2) [2020] FCA 1240 Appeal from: Re: Opposition by Enagic Co., Ltd for registration of trade mark application no 1798917 – KANGEN – in the name of Horizons (Asia) Pty Ltd [2018] ATMO 192
File number: NSD 2363 of 2018
Judgment of: MARKOVIC J
Date of judgment: 27 August 2020
Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce – application dismissed COSTS – application to discharge an order staying the payment of security for costs and for further security for costs – application for costs on an indemnity basis – applications dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), ss 43, 56 Trade Marks Act 1995 (Cth), ss 58, 62A Federal Court Rules 2011 (Cth), rr 19.01, 30.28
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Jasmine Solar Pty Ltd v Trina Solar Australia Pty Ltd [2020] FCA 1018 Seven Network Limited v News Limited (No 11) [2006] FCA 174
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 75
Date of hearing: 13 August 2020
Counsel for the Appellant: Ms E Whitby
Solicitor for the Appellant: Spruson & Ferguson Lawyers Pty Ltd
Counsel for the Respondent: Ms L Ng appeared on behalf of the Respondent
ORDERS NSD 2363 of 2018
BETWEEN: ENAGIC CO., LTD Appellant
AND: HORIZONS (ASIA) PTY LTD ACN 124 967 835 Respondent
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate