Red Bull GmbH v Bullsone Co Ltd [2019] FCA 545

Red Bull GmbH v Bullsone Co Ltd [2019] FCA 545

Due to the respondent's complete failure to participate in the proceedings, and satisfaction of the Court that the applicant was entitled to the relief claimed, judgment was entered for cancellation of the trade mark and an order for costs.

Parties
Applicant: Red Bull GmbH; Respondent: Bullsone Co Ltd
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Application for Cancellation of Trade Mark / Judgment by Default
Outcome
Application granted; judgment by default; trade mark registration cancelled; order for costs in favour of applicant.
Legal Topics
Trade Marks, Default Judgment, Trade Mark Cancellation
Intellectual Property Trade Marks Default Judgment Trade Mark Cancellation

Case Brief

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Parties

Red Bull GmbH

Applicant

Bullsone Co Ltd

Respondent

Procedural Posture

Application for Cancellation of Trade Mark / Judgment by Default

Legal Issues

  1. 1 Whether Australian trade mark registration number 1860130 should be cancelled under s 88(1)(a) of the Trade Marks Act 1995 (Cth)
  2. 2 Whether the Court should grant judgment by default due to respondent's failure to participate

Ratio Decidendi

Due to the respondent's complete failure to participate in the proceedings, and satisfaction of the Court that the applicant was entitled to the relief claimed, judgment was entered for cancellation of the trade mark and an order for costs.

Court Disposition

Application granted; judgment by default; trade mark registration cancelled; order for costs in favour of applicant.

Orders

  • Judgment be given against the respondent for the relief claimed in the Statement of Claim and Originating Application due to default.
  • Australian trade mark registration number 1860130 be cancelled under s 88(1)(a) of the Trade Marks Act 1995 (Cth).