Chanel Limited v Kim [2008] FCA 477
The respondent, having been properly served and failing to file an appearance or a defence, was found to have infringed the Chanel trademarks by importing goods bearing marks substantially identical or deceptively similar to those trademarks without authority. The applicants were therefore entitled to declaratory, injunctive relief, and costs.
- Jurisdiction
- Australia
- Judgment Date
- 03 April 2008
- Procedural Posture
- Intellectual Property Infringement / Default Judgment
- Outcome
- Relief granted to applicants on a default basis
- Legal Topics
- ['trademark Infringement' 'default Judgment' 'customs Seizure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Intellectual Property Infringement / Default Judgment
Legal Issues
- 1 ['Whether the respondent infringed the Chanel registered trademarks by importing goods bearing the marks without authority' 'Whether the applicants are entitled to declaratory, injunctive, and consequential relief']
Ratio Decidendi
The respondent, having been properly served and failing to file an appearance or a defence, was found to have infringed the Chanel trademarks by importing goods bearing marks substantially identical or deceptively similar to those trademarks without authority. The applicants were therefore entitled to declaratory, injunctive relief, and costs.
Court Disposition
Relief granted to applicants on a default basis
Orders
- ['Declaration that the respondent infringed the Chanel trademarks' 'Injunction restraining respondent from importing or distributing infringing goods' 'Goods seized by Customs to be forfeited to the Commonwealth' "Respondent to pay applicants' costs"]
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