Karlsson v Griffith University [2019] NSWSC 1335

Karlsson v Griffith University [2019] NSWSC 1335

The amended statement of claim is embarrassing and discloses no reasonable cause of action because, according to the Trade Marks Act, the defendant could not have infringed the plaintiff’s trade mark during the period when it was the registered owner and entitled to use the trade mark.

Parties
Plaintiff: Annika Karlsson; Defendant: Griffith University
Jurisdiction
Australia
Judgment Date
01 October 2019
Procedural Posture
Civil / Interlocutory—application to Strike Out Amended Statement of Claim
Outcome
Amended statement of claim struck out; further procedural orders for possible amendment; costs ordered against plaintiff.
Legal Topics
Trade Mark Infringement, Striking Out Pleadings, Reasonable Cause of Action, Trade Mark Registration Rights
Intellectual Property Civil Procedure Trade Mark Infringement Striking Out Pleadings Reasonable Cause of Action Trade Mark Registration Rights

Case Brief

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Parties

Annika Karlsson

Plaintiff

Griffith University

Defendant

Procedural Posture

Civil / Interlocutory—application to Strike Out Amended Statement of Claim

Legal Issues

  1. 1 Whether the amended statement of claim discloses a reasonable cause of action for trade mark infringement against a prior registered trade mark owner
  2. 2 Whether the pleading is embarrassing and should be struck out

Ratio Decidendi

The amended statement of claim is embarrassing and discloses no reasonable cause of action because, according to the Trade Marks Act, the defendant could not have infringed the plaintiff’s trade mark during the period when it was the registered owner and entitled to use the trade mark.

Court Disposition

Amended statement of claim struck out; further procedural orders for possible amendment; costs ordered against plaintiff.

Orders

  • Pursuant to UCPR, r 14.28, the whole of the amended statement of claim filed on 31 July 2019 be struck out.
  • The defendant is excused from filing a defence under UCPR, r 14.3 until further order or a specified time.