Global Brand Marketing Inc v Cube Footwear Pty Ltd

In the matter of Global Brand Marketing Inc v Cube Footwear Pty Ltd, the applicant, Global Brand Marketing Inc, sought to join Diesel SpA as an applicant to the proceeding and to amend the statement of claim to include a claim for trade mark infringement. The respondents opposed the application. The initial statement of claim included claims for registered design infringement, copyright infringement, breach of the Trade Practices Act, passing off and breach of agreement. The applicants later filed amended statements of claim, which ultimately left only claims for copyright and breach of agreement. The respondents moved to dismiss the proceeding and to strike out the remaining claims. The applicant sought to join Diesel SpA as an applicant and to include a claim for trade mark infringement, as Diesel had assigned trade marks to Global Brand Marketing Inc prior to discontinuing its claims. The key legal issues were whether the applicant should be granted leave to amend the statement of claim and to join Diesel SpA as an applicant, and if so, whether this should be allowed at this late stage in the proceedings. The court found that the applicant should be granted leave to amend the statement of claim and to join Diesel SpA, subject to Diesel's consent. The court noted that Diesel had applications for trade mark registration pending at the time it discontinued its claims, so it was open to Diesel to bring proceedings for trade mark infringement. The court also found that the application was not an abuse of process and should not be dismissed on that basis. Orders were made granting leave for the applicant to join Diesel SpA as an applicant and to amend the statement of claim, subject to Diesel's consent, and for the applicant to pay the respondents' costs.