Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd (No 2) [2019] FCA 18

Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd (No 2) [2019] FCA 18

The Court made the declarations and orders proposed by Frontline except for paragraph 15, because the parties were largely agreed and the applicants' proposed addition of interest on the exemplary damages was appropriate and consistent with the agreed post-order interest rate for compensatory damages.

Jurisdiction
Australia
Judgment Date
18 January 2019
Procedural Posture
Intellectual Property Trade Marks Proceeding Involving Trade Mark Infringement, Copyright Infringement, Australian Consumer Law, Passing Off, Breach of Confidence, Contract and Cross Claims / Determined on the Papers; Orders Following Reasons for Judgment on Liability and Quantum
Outcome
Declarations and orders made; applicants' proposed variation to paragraph 15 accepted; Frontline's cross-claim against Vision dismissed; judgment entered for Vision against Frontline on Vision's cross-claim.
Legal Topics
['form of Orders' 'declarations' 'injunctive Relief' 'delivery Up and Destruction' 'compensatory Damages' 'exemplary Damages' 'interest' 'indemnity Costs' 'cross Claims']
['intellectual Property' 'trade Marks' 'copyright' 'australian Consumer Law' 'passing Off' 'breach of Confidence' 'contract' 'damages' 'costs'] ['form of Orders' 'declarations' 'injunctive Relief' 'delivery Up and Destruction' 'compensatory Damages' 'exemplary Damages' 'interest' 'indemnity Costs' 'cross Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Intellectual Property Trade Marks Proceeding Involving Trade Mark Infringement, Copyright Infringement, Australian Consumer Law, Passing Off, Breach of Confidence, Contract and Cross Claims / Determined on the Papers; Orders Following Reasons for Judgment on Liability and Quantum

Legal Issues

  1. 1 ['What declarations and orders should be made to give effect to the Reasons for Judgment dated 22 November 2018.' 'Whether the order requiring Frontline to pay $500,000.00 in exemplary damages should include interest from the date of the orders until payment.']

Ratio Decidendi

The Court made the declarations and orders proposed by Frontline except for paragraph 15, because the parties were largely agreed and the applicants' proposed addition of interest on the exemplary damages was appropriate and consistent with the agreed post-order interest rate for compensatory damages.

Court Disposition

Declarations and orders made; applicants' proposed variation to paragraph 15 accepted; Frontline's cross-claim against Vision dismissed; judgment entered for Vision against Frontline on Vision's cross-claim.

Orders

  • ['Frontline infringed the Lumen trade mark.' "Frontline and Vision infringed Lumen Australia's copyright in the Engineering Drawings, Installation Instructions and Circuit Markings." 'Frontline contravened section 18 and sections 29(1)(a), (g) and (k) of the Australian Consumer Law by making specified misleading or...