Unilever Aust Ltd v George Karounos & Anor [2001] FCA 162

The proceedings are adjourned for two weeks, subject to Mr Karounos paying $8,000 security for applicant's costs thrown away and paying costs thrown away, due to balancing interests of justice and utility of legal representation to both parties and the Court.

Jurisdiction: Australia
Judgment Date: 21 February 2001
Procedural Posture: Interlocutory Application / Hearing Adjournment and Costs Order
Outcome: adjournment granted, costs and security order imposed
Legal Topics: ['trademarks' 'adjournment' 'costs' 'no Case to Answer']

['intellectual Property'] ['trademarks' 'adjournment' 'costs' 'no Case to Answer']

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Interlocutory Application / Hearing Adjournment and Costs Order

Legal Issues

1 ['Whether the proceedings should be adjourned and conditions imposed' 'Whether the applicant has a case to answer' "Whether 'real' is a registrable trademark given its descriptive nature" 'Whether there was use or non-use of the trademark during the relevant period']

Ratio Decidendi

Court Disposition

adjournment granted, costs and security order imposed

Orders

['Mr Karounos to pay costs thrown away today; costs to be taxed and paid as the case may be without awaiting ultimate outcome.' "Mr Karounos to pay into court, as surety for applicant's costs, the sum of $8,000 within 8 days." 'Proceedings adjourned until 8 March 2001.' 'Proceedings listed for directions (video...