Raytheon Company v Lockheed Martin Corporation [2014] FCA 1063

Raytheon Company v Lockheed Martin Corporation [2014] FCA 1063

Because the parties had reached an accommodation and, consistently with the cited authorities, the Court was satisfied it had power to set aside the Registrar's decision by consent and order that registration proceed, the appeal was allowed and trade mark application No. 1065708 was ordered to proceed to registration.

Jurisdiction
Australia
Judgment Date
02 October 2014
Procedural Posture
Proceeding Under S 56 of the Trade Marks Act 1995 (cth) Relating to Registration of a Trade Mark; Appeal From a Decision of the Delegate of the Registrar of Trade Marks / Final Consent Orders and Reasons for Judgment
Outcome
Appeal allowed by consent; decision of the delegate of the Registrar of Trade Marks set aside; trade mark application No. 1065708 ordered to proceed to registration; no order as to costs.
Legal Topics
["registration of the Mark 'paveway'" 'australian Trade Mark Application No. 1065708' 'appeal From Decision of Delegate of Registrar of Trade Marks' 'consent Orders']
['trade Marks' 'intellectual Property'] ["registration of the Mark 'paveway'" 'australian Trade Mark Application No. 1065708' 'appeal From Decision of Delegate of Registrar of Trade Marks' 'consent Orders']

Case Brief

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Procedural Posture

Proceeding Under S 56 of the Trade Marks Act 1995 (cth) Relating to Registration of a Trade Mark; Appeal From a Decision of the Delegate of the Registrar of Trade Marks / Final Consent Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the Court had power to set aside the decision of the Registrar by consent and order that trade mark application No. 1065708 proceed to registration.']

Ratio Decidendi

Because the parties had reached an accommodation and, consistently with the cited authorities, the Court was satisfied it had power to set aside the Registrar's decision by consent and order that registration proceed, the appeal was allowed and trade mark application No. 1065708 was ordered to proceed to registration.

Court Disposition

Appeal allowed by consent; decision of the delegate of the Registrar of Trade Marks set aside; trade mark application No. 1065708 ordered to proceed to registration; no order as to costs.

Orders

  • ['The appeal from the decision of the delegate of the Registrar of Trade Marks given on 7 November 2012 in respect of Australian trade mark application No. 1065708 be allowed.' 'The decision be set aside.' 'Trade mark application No. 1065708, the subject of the appeal, proceed to registration.' 'No order is made as...