Federal Court of Australia
Federal Court of Australia
Fanatics, LLC v FanFirm Pty Limited [2024] FCA 920 File number: NSD 1030 of 2024
Judgment of: BROMWICH J
Date of judgment: 14 August 2024
Catchwords: PRACTICE AND PROCEDURE – application for stay of injunction pending appeal – alleged infringement of trade marks – where grounds of appeal were bona fide and arguable – whether balance of convenience favoured grant of stay – where respondent offered terms of partial stay – HELD: injunction order of primary judge stayed for 28 days, and thereafter stayed partially in substance on terms proffered by the respondent
Legislation: Federal Court Rules 2011 (Cth) r 36.08(2)
Cases cited: FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826 FanFirm Pty Ltd v Fanatics LLC [2024] FCA 764 Monash Health v Singh [2023] FCAFC 166; 327 IR 196 Stefanovski v Digital Central Australia (Assets) Pty Ltd [2017] FCA 1121
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 34
Date of hearing: 12 August 2024
Counsel for the Appellant: Mr A Bannon SC and Ms M Evetts
Solicitor for the Appellant: King & Wood Mallesons
Counsel for the Respondent: Mr C Dimitriadis SC and Mr G Tsang
Solicitor for the Respondent: Sparke Helmore
ORDERS NSD 1030 of 2024
BETWEEN: FANATICS, LLC Appellant
AND: FANFIRM PTY LIMITED Respondent
order made by: BROMWICH J DATE OF ORDER: 14 august 2024
THE COURT ORDERS THAT:
1. The hearing of the appeal be expedited. 2. Order 2 made by Justice Rofe on 17 July 2024 (Injunction Order), the time for compliance of which was extended by orders made on 17 July 2024, 23 July 2024 and 29 July 2024, be further stayed until 4.00 pm on 11 September 2024. 3. The parties confer and, by 4.00 pm on 21 August 2024 or such further time as may be allowed, provide to the Associate to Justice Bromwich agreed or competing draft orders for: (a) a stay of order 8 made by Justice Rofe on 17 July 2024 regarding the costs of the substantive proceeding before her Honour until 28 days after the resolution of the appeal; (b) a partial stay of the Injunction Order, substantially reflecting the terms proposed by the respondent; and (c) any order as to the costs of the interlocutory application dated 1 August 2024 and the stay application before the primary judge, including, if required, for evidence and short written submissions. 4. The interlocutory application otherwise be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate