Toddler Kindy Gymbaroo Pty Ltd v Gymboree Pty Ltd [2000] FCA 888

Toddler Kindy Gymbaroo Pty Ltd v Gymboree Pty Ltd [2000] FCA 888

Given that neither party succeeded entirely, costs ought to be apportioned broadly with respondents to pay 65% of the applicants' costs, and orders for injunctive relief and rectification of the register of trade marks are appropriate remedies for established contraventions. Declaratory orders or further injunctions regarding accessorial liability are unnecessary due to the effect of other relief granted.

Jurisdiction
Australia
Judgment Date
20 June 2000
Procedural Posture
Civil / Final Orders and Costs After Judgment
Outcome
Injunctions granted as to geographic areas; partial grant of costs; rectification of Trade Marks Register ordered; certain further relief sought refused
Legal Topics
['trade Marks' 'injunctions' 'rectification of Register' 'costs']
['intellectual Property'] ['trade Marks' 'injunctions' 'rectification of Register' 'costs']

Case Brief

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Procedural Posture

Civil / Final Orders and Costs After Judgment

Legal Issues

  1. 1 ['Entitlement to injunctive relief preventing use of trade marks or deceptively similar names' 'Rectification of Trade Marks Register under s 88 of Trade Marks Act 1995 (Cth)' 'Entitlement to costs given partial success' 'Appropriateness of declaratory and accessorial liability orders']

Ratio Decidendi

Given that neither party succeeded entirely, costs ought to be apportioned broadly with respondents to pay 65% of the applicants' costs, and orders for injunctive relief and rectification of the register of trade marks are appropriate remedies for established contraventions. Declaratory orders or further injunctions regarding accessorial liability are unnecessary due to the effect of other relief granted.

Court Disposition

Injunctions granted as to geographic areas; partial grant of costs; rectification of Trade Marks Register ordered; certain further relief sought refused

Orders

  • ["First applicant restrained from using/licensing 'Gymbaroo', 'Gymboree', or deceptively similar names for relevant activities in specified Queensland local government areas" "First respondent restrained from using/licensing 'Gymbaroo', 'Gymboree', or deceptively similar names for relevant activities in New South...