Ozcare v Auscare Home & Community Care Limited (Further Orders) [2022] FCA 835

Ozcare v Auscare Home & Community Care Limited (Further Orders) [2022] FCA 835

The Court granted the injunctions because the Respondents had continued, after the 27 April 2022 consent orders, to use the marks and to maintain redirection from the domain names. The Court had power to grant the redirection injunction as ancillary to the trade mark relief, and it was appropriate to order the Respondents to take all reasonable steps to deregister the domains. The timing objection was rejected because the Respondents had had sufficient time since the earlier orders, although the deregistration order was modified to require only reasonable steps. Indemnity costs fixed at $10,400 were ordered because the conduct appeared infringing and the Respondents had been on notice...

Jurisdiction
Australia
Judgment Date
15 July 2022
Procedural Posture
Trade Marks Application for Injunction / Further Orders After Consent Orders Resolving the Substance of the Trade Mark Proceeding
Outcome
Application granted; further injunctive and costs orders made.
Legal Topics
['injunction' 'domain Name Redirection' 'domain Name Deregistration' 'indemnity Costs' 'breach of Court Orders']
['intellectual Property' 'trade Marks'] ['injunction' 'domain Name Redirection' 'domain Name Deregistration' 'indemnity Costs' 'breach of Court Orders']

Case Brief

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Procedural Posture

Trade Marks Application for Injunction / Further Orders After Consent Orders Resolving the Substance of the Trade Mark Proceeding

Legal Issues

  1. 1 ['Whether the Respondents should be restrained from maintaining or implementing a redirection from the domains auscare.org.au or auscareservices.com.au to any website operated by them.' 'Whether the Respondents should be required to take steps to deregister the domains auscare.org.au and auscareservices.com.au.' 'Whether two business days was sufficient time for the Respondents to take steps to deregister the domain names.' 'Whether the Applicant should receive indemnity costs fixed in the sum of $10,400.']

Ratio Decidendi

The Court granted the injunctions because the Respondents had continued, after the 27 April 2022 consent orders, to use the marks and to maintain redirection from the domain names. The Court had power to grant the redirection injunction as ancillary to the trade mark relief, and it was appropriate to order the Respondents to take all reasonable steps to deregister the domains. The timing objection was rejected because the Respondents had had sufficient time since the earlier orders, although the deregistration order was modified to require only reasonable steps. Indemnity costs fixed at $10,400 were ordered because the conduct appeared infringing and the Respondents had been on notice...

Court Disposition

Application granted; further injunctive and costs orders made.

Orders

  • ['Each of the Respondents/Cross-Claimants, by its officers, employees, servants, agents and otherwise, be permanently restrained from maintaining, implementing, causing to be maintained or causing to be implemented a redirection from the domains auscare.org.au or auscareservices.com.au to any website operated, or...