Moving Life Pty Ltd v BYD Company Limited

Moving Life Pty Ltd, the opponent, opposed the extension of protection in Australia of an International Registration Design Application (IRDA) filed by BYD Company Limited, the applicant. The dispute concerned whether the grounds of opposition raised by Moving Life Pty Ltd were established.

The court was required to determine whether the grounds of opposition, pursued under sections 58, 60, 42(b), and 62A of the relevant legislation, had been established by the opponent. The court also had to decide whether to refuse protection for the IRDA or extend protection, and in relation to costs.

The court found that the opponent had not established the grounds on which the IRDA was opposed. Applying regulation 17A.34N of the Trade Marks Regulations 1996 (Cth), the court determined that it was appropriate to extend protection to the IRDA. The court ordered that protection could proceed one month from the date of the decision, unless an appeal was filed, in which case protection would be subject to the outcome of the appeal. The court also awarded costs against the opponent, stating that it was usual for costs to follow the event and seeing no reason to depart from that principle.