Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227

Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227

Given the respondent's default and the deemed admission of the facts alleged, the applicants are entitled to relief for trade mark infringement, passing off, and misleading conduct; the court exercises its discretion to grant injunctions, orders for transfer of domain names, an inquiry into damages/profits, and costs.

Jurisdiction
Australia
Judgment Date
03 November 2011
Procedural Posture
Civil / Default Judgment / Final Orders
Outcome
Judgment for applicants. Orders granted as sought.
Legal Topics
['trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'default Judgment' 'domain Name Transfer']
['intellectual Property' 'consumer Law' 'civil Procedure'] ['trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'default Judgment' 'domain Name Transfer']

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Procedural Posture

Civil / Default Judgment / Final Orders

Legal Issues

  1. 1 ['Whether the respondent infringed registered trade marks by using domain names substantially identical with or deceptively similar to the SPEEDO Marks' 'Whether the respondent engaged in passing off' 'Whether the respondent contravened the Australian Consumer Law and Trade Practices Act provisions relating to misleading or deceptive conduct' 'Whether relief should be granted by default judgment including injunctions and transfer of domain names']

Ratio Decidendi

Given the respondent's default and the deemed admission of the facts alleged, the applicants are entitled to relief for trade mark infringement, passing off, and misleading conduct; the court exercises its discretion to grant injunctions, orders for transfer of domain names, an inquiry into damages/profits, and costs.

Court Disposition

Judgment for applicants. Orders granted as sought.

Orders

  • ['The respondent is restrained from infringing the SPEEDO Marks.' 'The respondent is restrained from registering any domain name containing the name SPEEDO or a name substantially identical therewith or deceptively similar thereto.' 'The respondent is restrained from operating any website at a domain name containing...