Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2021] FCA 307

Federal Court of Australia

Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2021] FCA 307 File number: NSD 328 of 2018

Judgment of: BURLEY J

Date of judgment: 31 March 2021

Catchwords: TRADE MARKS – infringement – goods of the same description – where scope of alleged infringing goods not sufficiently made clear by the parties at trial – further infringement findings PRACTICE AND PROCEDURE – form of final orders – scope of declaratory and injunctive relief PRACTICE AND PROCEDURE – whether respondents should be granted sell-through period for infringing products – whether respondents should be ordered to deliver up infringing products after sell-through period PRACTICE AND PROCEDURE – whether respondents should be ordered to withdraw application to register trade mark found to infringe applicants' trade marks PRACTICE AND PROCEDURE – whether orders for rectification of the Trade Marks Register are necessary where applicants have voluntarily amended their registrations PRACTICE AND PROCEDURE – stay of determination of quantum pending appeal COSTS – whether costs should be paid as a lump sum or taxed – whether costs should be awarded on issue by issue basis – apportionment of costs

Legislation: Federal Court of Australia Act 1976 (Cth) s 23, s 24(1A), s 37AF, s 43 Federal Court Rules 2011 (Cth) r 34.48, r 36.08 Trade Marks Act 1995 (Cth) s 4, s 17, s 33, s 120 Federal Court of Australia, Costs Practice Note (GPN-COSTS), 25 October 2016 Macquarie Dictionary (5th ed, 2009, Sydney)