Digitrex (Aust) Pty Ltd v EMT Aust Enterprise Pty Ltd [2004] FCA 1027

Digitrex (Aust) Pty Ltd v EMT Aust Enterprise Pty Ltd [2004] FCA 1027

The applicants established that the respondent's use of 'DIGITEX' and the associated logo on electric goods constituted use of a sign substantially identical with or deceptively similar to the applicants' registered trade marks, creating a likelihood of confusion and thus infringing s 120 of the Trade Marks Act 1995 (Cth). Given the respondent's failure to comply with orders and absence of a defence, the court granted the declaratory and injunctive relief sought.

Jurisdiction
Australia
Judgment Date
09 August 2004
Procedural Posture
Application for Default Judgment / Final Judgment
Outcome
Judgment for the applicants. Declarations of trade mark infringement and permanent restraining orders granted. Relief regarding delivery up, withdrawal of trade mark applications, and leave to determine damages. Costs awarded to applicants.
Legal Topics
['trade Mark Infringement' 'practice and Procedure – Default Judgment' 'injunctions' 'discovery – Non Compliance']
['intellectual Property Law' 'trade Marks' 'civil Procedure'] ['trade Mark Infringement' 'practice and Procedure – Default Judgment' 'injunctions' 'discovery – Non Compliance']

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Procedural Posture

Application for Default Judgment / Final Judgment

Legal Issues

  1. 1 ["Whether the respondent infringed the applicants' registered trade marks under s 120(1) and (2) of the Trade Marks Act 1995 (Cth) by using the sign 'DIGITEX' and a logo in relation to electric goods." 'Whether the applicants are entitled to relief including orders restraining the respondent from such use and delivery up of infringing goods.']

Ratio Decidendi

The applicants established that the respondent's use of 'DIGITEX' and the associated logo on electric goods constituted use of a sign substantially identical with or deceptively similar to the applicants' registered trade marks, creating a likelihood of confusion and thus infringing s 120 of the Trade Marks Act 1995 (Cth). Given the respondent's failure to comply with orders and absence of a defence, the court granted the declaratory and injunctive relief sought.

Court Disposition

Judgment for the applicants. Declarations of trade mark infringement and permanent restraining orders granted. Relief regarding delivery up, withdrawal of trade mark applications, and leave to determine damages. Costs awarded to applicants.

Orders

  • ["Declaration that the respondent has infringed Australian Trade Mark No 891347 by using 'DIGITEX' and the Digitex logo in relation to electric goods." "Declaration that the respondent has infringed Australian Trade Mark No 941333 by using 'DIGITEX', the Digitex logo, and the domain name 'www.mydigitex.com.au' in...