Nemorin v Pierre [2013] FCA 337

Nemorin v Pierre [2013] FCA 337

Given the parties resolved the proceeding by consent and in light of the limited evidence and absence of hearing on the merits, it was not appropriate to grant declaratory relief; injunctive and forfeiture orders were appropriate as consented by the parties; as to costs, the Respondents to pay the Applicants' costs from 18 September 2012, Applicants to pay Respondents' costs of a directions hearing, otherwise as consented, reflecting the absence of a trial and the parties' reasonable conduct.

Jurisdiction
Australia
Judgment Date
11 April 2013
Procedural Posture
Originating Application (amended) / Resolved by Consent Before Hearing on the Merits
Outcome
Proceeding resolved by consent; orders made as per parties' agreement
Legal Topics
['trade Marks' 'costs' 'injunction' 'consent Orders']
['intellectual Property' 'practice and Procedure'] ['trade Marks' 'costs' 'injunction' 'consent Orders']

Case Brief

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Procedural Posture

Originating Application (amended) / Resolved by Consent Before Hearing on the Merits

Legal Issues

  1. 1 ["Whether Respondents infringed Applicants' Australian Registered Trade Mark No 1430338" 'Whether injunctive or declaratory relief should be granted' 'Whether trade mark was registered in bad faith' 'Appropriate orders as to forfeiture of seized goods and costs']

Ratio Decidendi

Given the parties resolved the proceeding by consent and in light of the limited evidence and absence of hearing on the merits, it was not appropriate to grant declaratory relief; injunctive and forfeiture orders were appropriate as consented by the parties; as to costs, the Respondents to pay the Applicants' costs from 18 September 2012, Applicants to pay Respondents' costs of a directions hearing, otherwise as consented, reflecting the absence of a trial and the parties' reasonable conduct.

Court Disposition

Proceeding resolved by consent; orders made as per parties' agreement

Orders

  • ["Respondents restrained by consent from importing/distributing in Australia, without Applicants' authority, goods displaying specified Mauritius trade mark (No 07019/2009)." 'Respondents by consent to ensure forfeiture to the Commonwealth of all goods in Australian Customs and Border Protection Service pursuant to...