Nokia Corporation v Truong [2005] FCA 1141

Nokia Corporation v Truong [2005] FCA 1141

The respondents' use of marks identical or substantially identical or deceptively similar to the Nokia Trade Marks (including with minor changes such as 'broken O' or the word 'For') on goods covered by or of the same description as those in the registration, without Nokia's authority, constitutes trade mark...

Source-derived case information.

Parties
Applicant: Nokia Corporation; First Respondent: David Truong; Second Respondent: Telpower Pty Ltd (ACN 086 347 766); Third Respondent: Chung Yun Yau; Fourth Respondent: Diane Cheryl Ardrey; Fifth Respondent: Betta Fones Pty Ltd (ACN 100 510 290); Sixth Respondent: Philip Wahba; Seventh Respondent: You International Trading Pty Ltd (ACN 003 975 479); Eighth Respondent: 8 Dragons Pty Ltd (ACN 097 592 544); Ninth Respondent: Kathay Pty Ltd
Jurisdiction
Australia
Judgment Date
19 August 2005
Procedural Posture
Trademark Infringement (civil) / Summary Judgment Application and Orders
Outcome
Summary judgment granted for the applicant against the first and ninth respondents.
Legal Topics
Trade Mark Infringement, Counterfeit Goods, Summary Judgment, Expert Evidence Admissibility, Accessories and Spare Parts, Director Liability
Intellectual Property Evidence Civil Procedure Trade Mark Infringement Counterfeit Goods Summary Judgment Expert Evidence Admissibility Accessories and Spare Parts +1 more

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Summary, issues, holding and outcome

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Parties

Nokia Corporation

Applicant

David Truong

First Respondent

Telpower Pty Ltd (ACN 086 347 766)

Second Respondent

Chung Yun Yau

Third Respondent

Diane Cheryl Ardrey

Fourth Respondent

Betta Fones Pty Ltd (ACN 100 510 290)

Fifth Respondent

Philip Wahba

Sixth Respondent

You International Trading Pty Ltd (ACN 003 975 479)

Seventh Respondent

8 Dragons Pty Ltd (ACN 097 592 544)

Eighth Respondent

Kathay Pty Ltd

Ninth Respondent

Procedural Posture

Trademark Infringement (civil) / Summary Judgment Application and Orders

Legal Issues

  1. 1 Whether the respondents infringed registered Nokia trade marks by selling goods bearing the marks or substantially identical/deceptively similar marks
  2. 2 Whether the goods (phone covers, neck straps, etc.) are covered by the trade mark specifications and/or 'goods of the same description'
  3. 3 Whether addition of material (e.g., 'For' or 'broken O') avoids infringement

Ratio Decidendi

The respondents' use of marks identical or substantially identical or deceptively similar to the Nokia Trade Marks (including with minor changes such as 'broken O' or the word 'For') on goods covered by or of the same description as those in the registration, without Nokia's authority, constitutes trade mark infringement. The applicant's expert evidence was admissible; the respondents had no real or arguable defence. Summary judgment and relief were appropriate.

Court Disposition

Summary judgment granted for the applicant against the first and ninth respondents.

Orders

  • Leave granted to applicant to amend its statement of claim.
  • Applicant to pay respondents' costs thrown away by the amendment.