Federal Court of Australia
Federal Court of Australia
Google LLC v Interactive Engineering Pty Ltd [2024] FCA 338 Appeal from: Decision of the Registrar of Trade Marks: Google LLC v Interactive Engineering Pty Ltd [2023] ATMO 204
File number: NSD 61 of 2024
Judgment of: MARKOVIC J
Date of judgment: 4 April 2024
Legislation: Trade Marks Act 1995 (Cth) ss 92(4)(b), 100 Federal Court Rules 2011 (Cth) rr 1.34, 4.01(2)
Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 46 Basetec Services Pty Ltd v CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Ltd) [2017] FCA 510 Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 14
Date of hearing: 4 April 2024
Counsel for the Appellant: Mr E Heerey KC with Ms M Evetts
Solicitor for the Appellant: Gilbert and Tobin
Counsel for the Respondent: The respondent appeared in person
ORDERS NSD 61 of 2024
BETWEEN: GOOGLE LLC Appellant
AND: INTERACTIVE ENGINEERING PTY LTD ACN 001 262 808 Respondent
order made by: MARKOVIC J DATE OF ORDER: 4 APRIL 2024
THE COURT ORDERS THAT:
1. The respondent's application pursuant to r 1.34 of the Federal Court Rules 2011 (Cth) to dispense with the requirements of r 4.01(2) is dismissed. 2. The respondent is to pay the appellant's costs of the application. 3. By 4 pm on 2 May 2024 the respondent, by a lawyer, is to file a notice of acting pursuant to r 4.03 of the Rules, in accordance with Form 4. 4. The proceeding be listed for case management hearing on 8 May 2024 at 9.30 am AEST. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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