Federal Court of Australia
Federal Court of Australia
The Pops Group Pty Ltd as trustee for The Pool Shops Trust v Pro Pool Services Pty Ltd [2025] FCA 136 File number: QUD 304 of 2024
Judgment of: DERRINGTON J
Date of judgment: 4 February 2025
Date of publication of reasons: 26 February 2025
Catchwords: PRACTICE AND PROCEDURE – summary judgment – action for relief in respect of copyright infringement – judgment requires evaluative assessment of elements of respective marks – matter not suitable for summary judgment – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Trade Marks Act 1995 (Cth) Federal Court Rules 2011 (Cth) Trade Marks Regulations 1995 (Cth)
Cases cited: Deco Australia Pty Ltd v Aliwood Pty Ltd [2021] FCA 1159 Dey v Victorian Railway Commissioners (1949) 78 CLR 62 Garrett v Make Wine Pty Ltd (2014) 323 ALR 652 Hammond v JP Morgan Trust Australia Pty Ltd [2011] NSWCA 57 Jones v Stone [1894] AC 22 Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd (2017) 251 FCR 379 QS Holdings SARL v Paul's Retail Pty Ltd (2011) 92 IPR 460 Spencer v Commonwealth of Australia (2010) 241 CLR 118 ThoughtWare Australia Pty Limited v IonMy Pty Ltd [2023] FCA 906 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1 Webster v Lampard (1993) 177 CLR 598 Westpac Banking Corporation v Corry [2011] NSWSC 1014
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