› where Cantarella sought, by a cross-claim, the removal of the KDE shape mark from the Register under s 88(1)(a) or 92 on grounds including ss 41, 59, 62(b), 62A and 88(2)(e)
› no ground of removal established.
Trade Marks
› unjustified threats under s 129 of the Trade Marks Act
› held: the applicants made unjustified threats within the meaning of s 129
› declaration and injunction refused
› the question of damages, including additional damages, to be determined in a separate hearing.
Consumer Law
› whether Cantarella has contravened ss 18, 29 and 33 of the Australian Consumer Law, or committed the tort of passing off
› held: there is no real risk that Cantarella’s use of its get-up will mislead or deceive persons familiar with the applicants’ product to believe that there is a commercial association between the Vittoria 400-gram product and the applicants or their products.
Case Details
Citation[2024] FCA 1277
CourtFCA
JurisdictionCommonwealth
Decision Date7 November 2024
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