Shekhawatia v Freshii One LLC [2020] FCA 1765

Shekhawatia v Freshii One LLC [2020] FCA 1765

Having read the affidavit material and exercised supervisory oversight of the proposed consent orders, the Court was satisfied that the orders ought to be made by consent, allowing the appeal from the delegate's decision and setting aside the removal decision.

Jurisdiction
Australia
Judgment Date
08 December 2020
Procedural Posture
Notice of Appeal From a Decision of a Delegate of the Registrar of Trade Marks Concerning Removal of a Registered Trade Mark / Consent Orders After Mediation, Heard on the Papers
Outcome
Appeal allowed by consent; decision of the delegate of the Registrar of Trade Marks set aside; each party to bear its own costs.
Legal Topics
['removal of Registered Trade Mark' 'appeal From Registrar of Trade Marks Delegate' 'consent Orders']
['intellectual Property' 'trade Marks'] ['removal of Registered Trade Mark' 'appeal From Registrar of Trade Marks Delegate' 'consent Orders']

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Procedural Posture

Notice of Appeal From a Decision of a Delegate of the Registrar of Trade Marks Concerning Removal of a Registered Trade Mark / Consent Orders After Mediation, Heard on the Papers

Legal Issues

  1. 1 ["Whether the Court should be satisfied that proposed consent orders ought to be made allowing the appeal from the delegate's decision and setting aside the decision to remove the trade mark from the Register." "Whether a proceeding described as an appeal under s 104 of the Trade Marks Act 1995 (Cth) invokes the Court's original jurisdiction and is conducted de novo on the evidence before the Court."]

Ratio Decidendi

Having read the affidavit material and exercised supervisory oversight of the proposed consent orders, the Court was satisfied that the orders ought to be made by consent, allowing the appeal from the delegate's decision and setting aside the removal decision.

Court Disposition

Appeal allowed by consent; decision of the delegate of the Registrar of Trade Marks set aside; each party to bear its own costs.

Orders

  • ['The appeal from the decision of the delegate of the Registrar of Trade Marks made on 10 June 2020 be allowed.' 'The decision of the delegate of the Registrar of Trade Marks made on 10 June 2020 be set aside.' 'Each party bear their own costs of and incidental to the proceedings.' 'Pursuant to s 23 and s 37P of the...