Federal Court of Australia
Federal Court of Australia
Chevron Global Energy Inc v Ampol Australia Petroleum Pty Ltd (No 2) [2021] FCA 783 File number(s): VID 580 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 9 July 2021
Catchwords: TRADE MARKS – appropriate form of injunctive relief consequent upon findings in principal judgment COSTS – whether amount of costs payable to respondent should be reduced because respondent failed on a particular question – order made that applicants pay the respondent's costs of the proceeding
Legislation: Trade Marks Act 1995 (Cth) s 120(1)
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 29
Date of hearing: 5 July 2021
Counsel for the Applicants: Mr D Shavin QC with Mr A Lang SC
Solicitor for the Applicants: Jones Day
Counsel for the Respondent: Mr A McGrath SC with Mr CH Smith
Solicitor for the Respondent: Addisons
ORDERS VID 580 of 2020
BETWEEN: CHEVRON GLOBAL ENERGY INC First Applicant
CHEVRON INTELLECTUAL PROPERTY LLC Second Applicant
AND: AMPOL AUSTRALIA PETROLEUM PTY LTD Respondent
order made by: O'CALLAGHAN J DATE OF ORDER: 9 JULY 2021
THE COURT ORDERS THAT:
1. With effect on and from Monday, 2 August 2021, the respondent, whether by itself, its directors, servants or agents, is restrained from using the registered trade mark "STARCARD" (Australian trade mark registration numbers 482280, 497775 and 502072): (a) at any Ampol branded retail fuel service stations in any banner which says "StarCard accepted here" or words to that effect; or (b) in any advertising which says "StarCard will be accepted at Ampol branded sites" or words to that effect. 2. Subject to order 1, the claims made by the applicants in the proceeding are otherwise dismissed, save for the issues of the quantification of damages or at the applicants' election the taking of an account of profits. 3. The applicants pay the respondent's costs of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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