Federal Court of Australia
Federal Court of Australia
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 3) [2021] FCA 729 File number: VID 330 of 2019
Judgment of: O'BRYAN J
Date of judgment: 30 June 2021
Catchwords: TRADE MARKS – rectification of the Register – appropriate form of order COSTS – where mix of potential costs entitlements – whether a consolidated costs order should be made offsetting costs entitlements – separate orders made on a lump sum basis
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Trade Marks Act 1995 (Cth) ss 41, 44(3), 44(4) 57, 88(1)(a), 122(1)(b)(i), 122(1)(e), 122(1)(fa) Federal Court Rules 2011 (Cth) r 40.02(b)
Cases cited: Hansen Beverage Company v Bickfords (Australia) Pty Ltd (No 2) [2008] FCA 601 Swancom v The Jazz Corner Hotel (No 2) [2021] FCA 328
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 27
Date of last submission: 28 May 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr E Heerey QC with Mr S Rebikoff
Solicitor for the Applicant: K&L Gates
Counsel for the Respondents: Mr C Golvan QC with Ms M Marcus
Solicitor for the Respondents: Brand Partners Commercial Lawyers
ORDERS VID 330 of 2019
BETWEEN: SWANCOM PTY LTD Applicant
AND: THE JAZZ CORNER HOTEL PTY LTD (and others named in the Schedule) First Respondent
order made by: O'BRYAN J DATE OF ORDER: 30 JUNE 2021
THE COURT ORDERS THAT:
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