Federal Court of Australia
Federal Court of Australia
Taxiprop Pty Ltd v Neutron Holdings Inc (No 2) [2020] FCA 1822 File number(s): NSD 2420 of 2018
Judgment of: O'CALLAGHAN J
Date of judgment: 18 December 2020
Catchwords: TRADE MARKS – where certain services removed from registration of applicant's mark following non-use application – whether court should declare respondents infringed mark by using it in respect of those services prior to their removal from the Register – whether additional declaratory relief should be granted where no injunctive relief is sought and where declaration would produce no foreseeable consequence
Legislation: Trade Marks Act 1995 (Cth) s 120(1)
Cases cited: Aston v Harlee Manufacturing Co (1960) 103 CLR 391 E & J Gallo Winery v Lion Nathan Australia Pty Ltd (2009) 175 FCR 386 Taxiprop Pty Ltd v Neutron Holdings Inc [2020] FCA 1565 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 200 CLR 591 University of New South Wales v Moorhouse (1975) 133 CLR 1
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area Trade Marks
Number of paragraphs: 25
Date of hearing: 15 December 2020
Counsel for the Applicant: Mr TD Cordiner QC with Ms RM White
Solicitor for the Applicant: K&L Gates
Counsel for the Respondents: Mr EJC Heerey QC with Ms F St John
Solicitor for the Respondents: Gilbert + Tobin
ORDERS NSD 2420 of 2018
BETWEEN: TAXIPROP PTY LTD ACN 161 447 605 Applicant AND: NEUTRON HOLDINGS, INC. First Respondent
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