Nokia Corporation v Cellular Line Australia Pty Ltd [2006] FCA 726

Nokia Corporation v Cellular Line Australia Pty Ltd [2006] FCA 726

Nokia established by evidence that the respondents dealt in counterfeit goods bearing the Nokia Trade Marks, and the respondents failed to disclose any clearly stated or arguable defence. Mere denials, vague assertions, and inconsistent explanations by the respondents could not defeat the application for summary judgment. The admissions by the third and fourth respondents, and the lack of a plausible defence by the first and second respondents, entitled Nokia to summary judgment, declaratory and injunctive relief, and an order for damages or account of profits to be assessed.

Jurisdiction
Australia
Judgment Date
14 June 2006
Procedural Posture
Civil / Summary Judgment Application and Decision
Outcome
Summary judgment for the applicant; declaratory and injunctive relief; order for damages or account of profits to be assessed; orders for delivery up and discovery; further submissions on costs to be filed and served.
Legal Topics
['trade Mark Infringement' 'summary Judgment' 'declaratory Relief' 'injunctions' 'damages' 'undertakings to the Court']
['intellectual Property' 'practice and Procedure'] ['trade Mark Infringement' 'summary Judgment' 'declaratory Relief' 'injunctions' 'damages' 'undertakings to the Court']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Summary Judgment Application and Decision

Legal Issues

  1. 1 ['Whether summary judgment should be granted for the applicant on the basis that the respondents have no arguable defence to trade mark infringement under s 120 of the Trade Marks Act 1995 (Cth)' 'Whether the respondents infringed the registered Nokia Trade Marks by selling or dealing in counterfeit goods' 'Whether the material filed on behalf of the respondents disclosed a clearly stated and arguable defence']

Ratio Decidendi

Nokia established by evidence that the respondents dealt in counterfeit goods bearing the Nokia Trade Marks, and the respondents failed to disclose any clearly stated or arguable defence. Mere denials, vague assertions, and inconsistent explanations by the respondents could not defeat the application for summary judgment. The admissions by the third and fourth respondents, and the lack of a plausible defence by the first and second respondents, entitled Nokia to summary judgment, declaratory and injunctive relief, and an order for damages or account of profits to be assessed.

Court Disposition

Summary judgment for the applicant; declaratory and injunctive relief; order for damages or account of profits to be assessed; orders for delivery up and discovery; further submissions on costs to be filed and served.

Orders

  • ['Summary judgment for the applicant (Nokia) against the respondents.' 'Declaration that use of the Nokia Trade Marks or substantially identical/deceptively similar marks on relevant goods/services not produced under authority of the applicant constitutes infringement.' 'The first, second and fourth respondents are...