Federal Court of Australia
Federal Court of Australia
Shekhawatia v Freshii One LLC [2020] FCA 1765 File number(s): QUD 201 of 2020
Judgment of: GREENWOOD J
Date of judgment: 8 December 2020
Catchwords: TRADE MARKS – consideration of whether the Court is satisfied that proposed consent orders ought to be made in resolution of an application by way of notice of appeal from the decision of the delegate of the Registrar of Trade Marks
Legislation: Trade Marks Act 1995 (Cth), ss 92(4)(a), 96, 101, 104
Cases cited: Hungry Spirit Pty Ltd [as trustee for] The Hungry Spirit Trust v Fit n Fast Australia Pty Ltd [2019] FCA 1277 Raytheon Company v Lockheed Martin Corporation [2014] FCA 1063 Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 19
Date of last submissions: 3 December 2020
Date of hearing: Heard on the papers
Solicitor for the Applicant: IP Partnership
Solicitor for the Respondent: Griffith Hack
ORDERS QUD 201 of 2020
BETWEEN: NIRAJ SHEKHAWATIA Applicant
AND: FRESHII ONE LLC Respondent
order made by: GREENWOOD J DATE OF ORDER: 8 DECEMBER 2020
THE COURT ORDERS BY CONSENT THAT:
1. The appeal from the decision of the delegate of the Registrar of Trade Marks made on 10 June 2020 be allowed. 2. The decision of the delegate of the Registrar of Trade Marks made on 10 June 2020 be set aside. 3. Each party bear their own costs of and incidental to the proceedings.
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