Recent Cases

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157 (13 September 2022) (Yates, Abraham and Rofe JJ)


Catchwords:


TRADE MARKS – appeal – infringement – deceptive similarity – whether, in determining deceptive similarity, the primary judge erred in not taking into account the factual distinctiveness of the appellant’s marks at their respective filing dates – whether primary judge erred in finding the respondents had not used JAZZ CORNER OF THE WORLD and JAZZ CORNER HOTEL as trade marks – notice of contention not required to be considered – no error in the primary judgment found

COSTS – whether the primary judge erred in treating the costs of the cross-claim in a different manner to other defences raised by the respondent – whether primary judge erred in not taking into account the partial result obtained by the respondent in the cross-claim – whether the primary judge erred in finding the scope of costs dispute to be narrow – no error established