Australian Football League v Levi Strauss & Co

This matter concerned an opposition by Levi Strauss & Co to five trade mark applications by the Australian Football League (AFL) for the mark FREMANTLE DOCKERS. The AFL sought extensions of time to serve its evidence in answer to the oppositions. The proceedings were governed by the Trade Marks Act 1955.

The delegate of the Registrar of Trade Marks was required to determine whether to grant the AFL's application for a further extension of time to serve its evidence in answer. This involved considering the relevant factors for granting an extension under section 130 of the Act, including the length of time already allowed, the reasons for the extension, the seriousness of the opposition, the potential inconvenience to both parties, and the public interest.

The delegate considered submissions from both parties. The AFL argued that the voluminous nature of the evidence, a change in its management, difficulties in gathering evidence during busy periods and holidays, and attempts to negotiate a settlement justified the extension. Levi Strauss & Co contended that the AFL had been in possession of the evidence for a significant period, that settlement negotiations were not a sufficient reason to delay proceedings, and that the AFL's own actions, such as filing removal applications, should not impact the timetable. The delegate noted that the AFL had made a genuine attempt to negotiate a settlement and that this, in conjunction with the other circumstances, provided adequate grounds for an extension.

The delegate granted the AFL a further extension of time to serve its evidence in answer until 13 June 1997 and awarded costs to the AFL.