Weeks, J. Pty Ltd v. Foodland Association Ltd & Ors [1986] FCA 271

Weeks, J. Pty Ltd v. Foodland Association Ltd & Ors [1986] FCA 271

The Federal Court may consider by way of cross-claim an application to remove a trade mark from the register if it falls within its associated jurisdiction, but it lacks power to order removal of a pending application from the Registrar of Trade Marks into the Court. The Federal Court is not a 'prescribed court' under the Trade Marks Act 1955.

Parties
Applicant: John Weeks Pty. Ltd.; First Respondent: Foodland Associated Limited; Second Respondent: Ronald Mulligan; Second Respondent: Joseph Guippa; Third Respondent: Neville Gale
Jurisdiction
Australia
Judgment Date
04 July 1986
Procedural Posture
Trade Mark Dispute and Application for Interlocutory Orders / Interlocutory Application; Reasons for Judgment on Power to Remove Proceedings
Outcome
Application for removal of Registrar proceedings into the Federal Court was refused. Matter to proceed to further argument regarding orders.
Legal Topics
Trade Marks—removal for Non Use, Jurisdiction of Federal Court, Interplay of Trade Marks Act and Trade Practices Act, Associated Jurisdiction
Intellectual Property Trade Practices Trade Marks—removal for Non Use Jurisdiction of Federal Court Interplay of Trade Marks Act and Trade Practices Act Associated Jurisdiction

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Parties

John Weeks Pty. Ltd.

Applicant

Foodland Associated Limited

First Respondent

Ronald Mulligan

Second Respondent

Joseph Guippa

Second Respondent

Neville Gale

Third Respondent

Procedural Posture

Trade Mark Dispute and Application for Interlocutory Orders / Interlocutory Application; Reasons for Judgment on Power to Remove Proceedings

Legal Issues

  1. 1 Whether the Federal Court may order removal of a trade mark application pending before the Registrar into the Federal Court
  2. 2 Whether the Federal Court is a 'prescribed court' under the Trade Marks Act 1955
  3. 3 Whether the application to the Registrar is within the associated jurisdiction of the Federal Court

Ratio Decidendi

The Federal Court may consider by way of cross-claim an application to remove a trade mark from the register if it falls within its associated jurisdiction, but it lacks power to order removal of a pending application from the Registrar of Trade Marks into the Court. The Federal Court is not a 'prescribed court' under the Trade Marks Act 1955.

Court Disposition

Application for removal of Registrar proceedings into the Federal Court was refused. Matter to proceed to further argument regarding orders.