International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Ltd (No 1) [2016] FCA 617

International Awards Group LLC v Asian Advertising Festival (Spikes) Asia Pte Ltd (No 1) [2016] FCA 617

The applicant satisfied r 10.43(4) because the Court had jurisdiction over the trade mark infringement claim under s 191 of the Trade Marks Act 1995 (Cth), there was a prima facie case that the respondents' website use targeting Australia could be trade mark use in Australia, and the proceeding fell within r 10.42 as a proceeding based on contravention of an Act seeking relief for damage suffered wholly or partly in Australia. Hong Kong is a party to the Hague Convention, so leave was granted to serve the originating application and sealed order on Haymarket in Hong Kong. Leave was not granted at this stage for service of the fast track statement and genuine steps statement in Hong Kong...

Jurisdiction
Australia
Judgment Date
31 May 2016
Procedural Posture
Application for Leave to Serve Originating Application and Other Documents Outside Australia / Interlocutory Application
Outcome
Leave granted to serve the originating application and sealed order on the second respondent in Hong Kong under the Hague Convention; other requested service issues not granted at this stage and the matter stood over for further directions.
Legal Topics
['service Outside Australia' 'service Under the Hague Convention' 'prima Facie Case for Trade Mark Infringement' 'foreign Service of Originating Application and Other Documents']
['practice and Procedure' 'intellectual Property' 'trade Marks'] ['service Outside Australia' 'service Under the Hague Convention' 'prima Facie Case for Trade Mark Infringement' 'foreign Service of Originating Application and Other Documents']

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Procedural Posture

Application for Leave to Serve Originating Application and Other Documents Outside Australia / Interlocutory Application

Legal Issues

  1. 1 ['Whether the requirements of r 10.43(4) of the Federal Court Rules 2011 (Cth) were met for service outside Australia.' 'Whether service of the originating application on Haymarket in Hong Kong could be authorised under the Hague Convention.' 'Whether the fast track statement and genuine steps statement could be served in Hong Kong under r 10.44 and the Hague Convention.' 'Whether service on AAF in Singapore could be authorised under Singapore law.']

Ratio Decidendi

The applicant satisfied r 10.43(4) because the Court had jurisdiction over the trade mark infringement claim under s 191 of the Trade Marks Act 1995 (Cth), there was a prima facie case that the respondents' website use targeting Australia could be trade mark use in Australia, and the proceeding fell within r 10.42 as a proceeding based on contravention of an Act seeking relief for damage suffered wholly or partly in Australia. Hong Kong is a party to the Hague Convention, so leave was granted to serve the originating application and sealed order on Haymarket in Hong Kong. Leave was not granted at this stage for service of the fast track statement and genuine steps statement in Hong Kong...

Court Disposition

Leave granted to serve the originating application and sealed order on the second respondent in Hong Kong under the Hague Convention; other requested service issues not granted at this stage and the matter stood over for further directions.

Orders

  • ['The applicant have leave to serve its originating application and a sealed copy of this order on the second respondent in Hong Kong in accordance with the Hague Convention.' 'The case management hearing scheduled for 31 May 2016 be vacated.' 'The return date for the originating process be fixed as 9.30am on 15...