Steam Vac Cleaning Systems Pty Ltd v SV Equipment Pty Ltd [2024] FCA 68

FEDERAL COURT OF AUSTRALIA

Steam Vac Cleaning Systems Pty Ltd v SV Equipment Pty Ltd [2024] FCA 68 File number(s): VID 670 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 8 February 2024

Catchwords: INTELLECTUAL PROPERTY — trade marks – where the applicant was the registered owner of seven trade marks relating to steam cleaning equipment and apparatuses – where the applicant alleged that the respondents had infringed its trade marks – where the first and second respondents, and separately the third respondent, filed cross-claims – where the first respondent was placed in liquidation and the second respondent was deregistered – where the solicitors for the third respondent filed a notice of ceasing to act – where the third respondent failed to prosecute its cross-claims – the trial in the matter proceeded against the third respondent undefended – the applicant established that the third respondent had infringed seven of its trade marks – injunction and order for obliteration or removal of marks and delivery up of goods granted.

Legislation: Corporations Act 2001 (Cth) s 471B Trade Marks Act 1995 (Cth) ss 120, 126(1)(a)

Cases cited: Cardile v LED Builders Pty Ltd [1999] HCA 18; 198 CLR 380 Re Diesels & Components Pty Ltd (recs & mgrs apptd) [1985] 2 Qd R 456 Hodgson v Druce (1856) 2 Jur (NS) 1014 Proctor v Bayley (1889) 42 Ch D 390 at 398 (Court of Appeal) Heydon JD, Leeming MJ and Turner PG, Meagher, Gummow and Lehane's Equity: Doctrines & Remedies (5th edition, LexisNexis Butterworths, 2015)

Division: General Division