Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826 File number: NSD 963 of 2022
Judgment of: ROFE J
Date of judgment: 29 July 2024
Catchwords: PRACTICE AND PROCEDURE – application for stay of orders pursuant to r 36.08 of the Federal Court Rules 2011 (Cth) – whether stay or rectification of the Trade Marks Register more suitable course pending determination of appeal – whether stay or injunction more suitable course pending determination of appeal – application partially granted.
Legislation: Trade Marks Act 1995 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Energy Beverages LLC v Cantarella Bros Pty Ltd (No 2) [2022] FCA 394 FanFirm Pty Ltd v Fanatics, LLC [2024] FCA 764 Flight Centre Ltd v Australian Competition and Consumer Commission [2014] FCA 658 Minnesota Mining & Manufacturing Company v Johnson & Johnson Limited [1976] 25 RPC 671 Redbubble Ltd v Hells Angels Motorcycle Corp (Australia) Pty Ltd (2022) 168 IPR 74
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 65
Date of hearing: 23 July 2024
Counsel for the Applicant: A J L Bannon SC
Solicitor for the Applicant: Sparke Helmore
Counsel for the Respondent: C Dimitriadis SC with S L Ross
Solicitor for the Respondent: King & Wood Mallesons
ORDERS NSD 963 of 2022
BETWEEN: FANFIRM PTY LIMITED Applicant
AND: FANATICS, LLC Respondent
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