Nasib Baik Pty Ltd v Sydney Ridelender Pty Ltd [2022] FCA 301

Given the respondents’ failure to defend and the admissions thereby taken, the applicant established infringement of its trade mark, misleading or deceptive conduct and passing off. Default judgment and relief including declarations, injunctions, nominal and additional damages, and costs were warranted under statutory powers and relevant legal principles.

Parties: Applicant: Nasib Baik Pty Ltd; First Respondent: Sydney Ridelender Pty Ltd; Second Respondent: Sydney Towing Service Pty Ltd; Third Respondent: Ghanzafar Ali; Fourth Respondent: Azhar Iqbal; Fifth Respondent: Babar Tubarik Butt
Jurisdiction: Australia
Judgment Date: 30 March 2022
Procedural Posture: Application for Default Judgment / Final Judgment and Orders
Legal Topics: Trade Mark Infringement, Misleading or Deceptive Conduct, Passing Off, Default Judgment, Damages

Intellectual Property Trade Mark Infringement Misleading or Deceptive Conduct Passing Off Default Judgment Damages

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Parties

Nasib Baik Pty Ltd

Applicant

Sydney Ridelender Pty Ltd

First Respondent

Sydney Towing Service Pty Ltd

Second Respondent

Ghanzafar Ali

Third Respondent

Azhar Iqbal

Fourth Respondent

Babar Tubarik Butt

Fifth Respondent

Procedural Posture

Application for Default Judgment / Final Judgment and Orders

Legal Issues

1 Whether respondents infringed the applicant's registered trade mark by using a substantially identical or deceptively similar sign
2 Whether respondents engaged in misleading or deceptive conduct under s 18 of the Australian Consumer Law
3 Whether respondents engaged in passing off