Federal Court of Australia
Federal Court of Australia
Chapter 4 Corp. DBA Supreme v Shenzhen Supbro Fashion Sports Co., Ltd [2023] FCA 78 File number(s): VID 314 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 8 February 2023
Catchwords: TRADE MARKS – default judgment under r 5.23(d) of the Federal Court Rules 2011 (Cth) – where respondent failed to file notice of address for service following filing of notice of ceasing to act – where respondent failed to appear at case management hearing and interlocutory hearing – where respondent failed to defend proceeding with due diligence or at all – where respondent took no active part in these proceedings – where Registrar of Trade Marks took no active part in these proceedings – judgement made against respondent in default – decision of Registrar of Trade Marks set aside – trade mark registrations refused
Legislation: Trade Marks Act 1995 (Cth) ss 197(d), (e) and (f) Federal Court Rules 2011 (Cth) rr 4.05(1), 5.22(a), (c), (d), 5.23(2)(d), 34.24(1)
Cases cited: Autumnpaper Ltd v Metropolitan Investment Group Pty Ltd [2017] FCA 1578 BJ International Limited v Asghar (No 2) [2013] FCA 580 Chapter 4 Corp DBA Supreme v Shenzen Supbro Fashion Sports Co., Ltd [2022] ATMO 80
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 21
Date of hearing: 8 February 2023
Counsel for the Appellant: Mr DB Larish
Solicitor for the Appellant: King & Wood Mallesons
ORDERS VID 314 of 2022
BETWEEN: CHAPTER 4 CORP. DBA SUPREME Appellant
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