Federal Court of Australia
Federal Court of Australia
Cargill, Incorporated v Cargill Financial Services International Pty Ltd [2024] FCA 604 File number(s): NSD 608 of 2024
Judgment of: BURLEY J
Date of judgment: 4 June 2024
Catchwords: TRADE MARKS – infringement – Trade Marks Act 1995 (Cth) s 120 – use of name as a mark – use of deceptively similar mark – infringement established. TRADE MARKS – application for final relief – application for relief where respondents rogue agents – application to change name on ASIC register – application to change name on bank account – application to change name on Australian Business Register – relief granted. CONSUMER LAW – ss 18 and 36 of the Australian Consumer Law – misleading or deceptive conduct – wrongly accepting payment – contraventions established.
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2, ss 18, 36 Trade Marks Act 1995 (Cth) s 120 Federal Court Rules 2011 (Cth) r 40.02(b)
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 17
Date of hearing: 4 June 2024
Counsel for the Applicants: Mr Q Rares, Ms Muir
Solicitor for the Applicants: Holding Redlich
Counsel for the Respondents: The Respondents did not appear
ORDERS NSD 608 of 2024
BETWEEN: CARGILL, INCORPORATED First Applicant
CARGILL AUSTRALIA LIMITED (ACN 004 684 173) Second Applicant
CARGILL FINANCIAL SERVICES INTERNATIONAL, INC Third Applicant
AND: CARGILL FINANCIAL SERVICES INTERNATIONAL PTY LTD (ACN 674 795 754) First Respondent
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