Buildcorp Contracting NSW Pty Ltd v Build Corp Construction Pty Ltd [2019] FCA 90

Buildcorp Contracting NSW Pty Ltd v Build Corp Construction Pty Ltd [2019] FCA 90

By consent, the Court restrained the respondents from further infringing the Buildcorp Marks, ordered the cessation of infringing use, the destruction or alteration of infringing materials, and confirmation of compliance.

Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Originating Application / Consent Judgment
Outcome
Orders made by consent restraining infringement and requiring compliance steps; notice of discontinuance to be filed after compliance, with no order as to costs.
Legal Topics
['trade Marks']
['intellectual Property'] ['trade Marks']

Case Brief

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Procedural Posture

Originating Application / Consent Judgment

Legal Issues

  1. 1 ["Whether the respondents infringed the applicant's trade marks by unauthorised use of the Buildcorp Marks"]

Ratio Decidendi

By consent, the Court restrained the respondents from further infringing the Buildcorp Marks, ordered the cessation of infringing use, the destruction or alteration of infringing materials, and confirmation of compliance.

Court Disposition

Orders made by consent restraining infringement and requiring compliance steps; notice of discontinuance to be filed after compliance, with no order as to costs.

Orders

  • ['The first and second respondents are restrained from infringing the Buildcorp Marks, including immediately ceasing all unauthorised use of the marks or any substantially identical or deceptively similar trade mark.' 'The respondents must not reproduce, publish or otherwise use the Buildcorp Marks, nor apply to...