Guttershield v LBI Holdings [2005] NSWSC 113

Guttershield v LBI Holdings [2005] NSWSC 113

Trademarks, whether common law or registered, fall within 'intellectual property' as referred to in the Alliance Agreement, and thus are subject to the provisions for intellectual property developed by the Alliance in Clause 3.

Jurisdiction
Australia
Judgment Date
23 February 2005
Procedural Posture
Contract Dispute / Determination of Separate Question
Outcome
Declaration granted
Legal Topics
['construction of Contract' 'intellectual Property' 'trademarks']
['equity' 'contract'] ['construction of Contract' 'intellectual Property' 'trademarks']

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Procedural Posture

Contract Dispute / Determination of Separate Question

Legal Issues

  1. 1 ["Whether trademarks fall within 'intellectual property' as used in 'all intellectual property developed by the Alliance' in Clause 3 of the Alliance Agreement dated 10 March 1999"]

Ratio Decidendi

Trademarks, whether common law or registered, fall within 'intellectual property' as referred to in the Alliance Agreement, and thus are subject to the provisions for intellectual property developed by the Alliance in Clause 3.

Court Disposition

Declaration granted

Orders

  • ["It is declared that trademarks, both common law and registered, are 'intellectual property' within the meaning of 'all intellectual… property developed by the Alliance' in Clause 3 of the Agreement dated 10 March 1999." "Costs of today's application be costs in the cause."]