Federal Court of Australia
Federal Court of Australia
Marquis Macadamias Ltd v Mars Australia Pty Ltd [2022] FCA 207 Appeal from: Mars Australia Pty Ltd v Marquis Macadamias Ltd [2021] ATMO 152
File number: VID 32 of 2022
Judgment of: O'BRYAN J
Date of judgment: 10 March 2022
Catchwords: INTELLECTUAL PROPERTY – appeal from decision of Registrar of Trade Marks to refuse to register appellant's logo trade mark on basis of opposition by respondent under s 44 of the Trade Marks Act 1995 (Cth) – where parties agreed to settle the appeal proceeding and provided the Court with consent orders pre-hearing – consideration of Court's power to make the orders sought by consent – orders made by consent allowing appeal
Legislation: Trade Marks Act 1995 (Cth) ss 55, 56, 63, 65, 68, 197
Cases cited: Hungry Spirit Pty Ltd ATF Hungry Spirit Trust v Fit n Fast Australia Pty Ltd [2019] FCA 1277 Frucor Beverages Ltd v Coca-Cola Company [2018] FCA 993; 358 ALR 336 Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218 Suyen Corp v Americana International Ltd [2011] FCA 300
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 18
Date of last submission: 7 March 2022
Date of hearing: Determined on the papers
Counsel for the Appellant: Mr C Smith
Solicitor for the Appellant: Corrs Chambers Westgarth
Solicitor for the Respondent: Baker & McKenzie
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