Federal Court of Australia
Federal Court of Australia
Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 2) [2024] FCA 256 File number: SAD 188 of 2022
Judgment of: CHARLESWORTH J
Date of judgment: 19 March 2024
Catchwords: TRADE MARKS – form of order for amendment of Register of Trade Marks – cross-respondent the registered owner of a trade mark in certain services in class 43 – cross-claimant alleging the registered owner of the trade mark was not the owner – cross-claim upheld in relation to some of the registered services but not others – Court earlier making an order for variation granting liberty to apply to vary the order – variation application by cross-claimant – whether the form of order may cause confusion or tension – whether the amendment ordered may be interpreted in a way that would unintentionally exceed the Court's substantive findings – order varied
Cases cited: Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138
Division: General Division
Registry: South Australia
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 11
Date of last submissions: Applicant and Cross-Respondent: 4 March 2024 Respondents and Cross-Claimant: 8 March 2024
Date of hearing: Determined on the papers
Counsel for the Applicant and Cross-Respondent: Mr Travis Shueard
Solicitor for the Applicant and Cross-Respondent: Piper Alderman
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