Easy Way Station Co., Ltd v Meetfresh Franchising Pty Ltd [2021] FCA 541

Federal Court of Australia

Easy Way Station Co., Ltd v Meetfresh Franchising Pty Ltd [2021] FCA 541 File number(s): NSD 34 of 2021 NSD 125 of 2021

Judgment of: RARES J

Date of judgment: 14 May 2021

Legislation: Corporations Act 2001 (Cth) s 109X(1) Evidence Act 1995 (Cth) s 160(1) Trade Marks Act 1995 (Cth) ss 120, 126(1)(b), 126(2) Federal Court Rules 2011 r 5.23

Cases cited: Australian Competition and Consumer Commission v dataline.net.au Pty Ltd (2006) 236 ALR 665 Sanko Steamship Co Ltd v Australia Gloria Energy Group Pty Ltd [2012] FCA 798 Searson v Salmon [2014] FCA 748 Yeo v Damos Earthmoving Pty Ltd; in the matter of Beachwood Developments Pty Ltd (in liq) [2011] FCA 1129

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub Area: Trade Marks

Number of paragraphs: 22

Date of hearing: 14 May 2021

Counsel for the Applicant: Mr J. Douglas

Solicitor for the Applicant: MurdockCheng Legal Practice

ORDERS NSD 34 of 2021

BETWEEN: EASY WAY STATION CO., LTD Applicant

AND: MEETFRESH FRANCHISING PTY LTD ACN 149 827 485 Respondent

order made by: RARES J DATE OF ORDER: 14 MAY 2021

THE COURT ORDERS THAT:

1. The Respondent has infringed the Applicant's "MeetFresh" trademarks including No. 1193373, No. 1913147, No. 1948471 and No.1948481, pursuant to s 120(1) and 120(2) of the Trade Marks Act 1995 (Cth). 2. The Respondent's use of the "MeetFresh" mark is unlawful. 3. The Respondent is hereby restrained from using: (a) the Applicant's "MeetFresh" trademarks including No. 1193373, No. 1913147, No. 1948471 and No.1948481 pursuant to s 126(1)(a) of the Trade Marks Act 1995 (Cth); and (b) the "MeetFresh" trademarks, the MeetFresh mark, or any similar mark in the conduct of its business. 4. The Respondent pay the Applicant damages to be assessed or an account of profits at the election of the Applicant. 5. The Respondent pay the Applicant's costs of and incidental to the proceedings including the interlocutory applications dated 13 April 2021 and 23 April 2021. 6. The Originating Application and Statement of Claim are taken to have been served on the Respondent not later than 3 February 2021. 7. The Applicant serve these orders on the Respondent by 4.00pm on Wednesday 19 May 2021. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.