Federal Court of Australia
Federal Court of Australia
GME Pty Ltd v Uniden Australia Pty Ltd (No 2) [2022] FCA 638 File numbers: NSD 169 of 2022
Judgment of: BURLEY J
Date of judgment: 18 May 2022
Catchwords: PRACTICE AND PROCEDURE – form of final orders – whether delivery up and takedown orders should be made COSTS – whether respondent should pay applicant's costs of and incidental to the application for short service and the interlocutory relief
Cases cited: GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520 Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2021] FCA 307
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 8
Date of hearing: 18 May 2022
Counsel for the Applicant: Mr A Lang SC
Solicitor for the Applicant: Clayton Utz
Counsel for the Respondent: Ms F St John
Counsel for the Respondent: Bird & Bird
ORDERS NSD 169 of 2022
BETWEEN: GME PTY LTD Applicant
AND: UNIDEN AUSTRALIA PTY LTD Respondent
order made by: BURLEY J DATE OF ORDER: 18 MAY 2022
THE COURT NOTES THAT: In these orders, XTRAK Products means the XTRAK 80 and XTRAK 80 Pro range of UHF mobile radio products as depicted in the images in Annexure A to the Statement of Claim dated 11 March 2022 and Appendix 2 to the judgment dated 9 May 2022 (images reproduced in Schedule 1 to these orders).
THE COURT DECLARES THAT: 1. The Respondent's XTRAK Products embody a design that is substantially similar in overall impression to the Registered Design No 201613671 (GME Design). 2. By displaying in Australia the XTRAK Products on its website and in its online shop since at least 12 January 2022, the Respondent has threatened to infringe the GME Design pursuant to section 71 of the Designs Act 2003 (Cth).
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