Nokia Corporation v Cellular Line Australia Pty Ltd

Nokia Corporation, the registered proprietor of various Australian trade marks, filed an application for summary judgment against Cellular Line Australia Pty Ltd and three other respondents, alleging that the respondents had infringed these trade marks by importing and selling goods bearing the Nokia Trade Marks. The dispute was heard in the Federal Court of Australia. The court had to decide whether the respondents had an arguable defence to the claims of trade mark infringement made by Nokia. The court had to consider whether Nokia had established that the respondents had no defence to the claims and whether the respondents' defence, if any, disclosed no answer to Nokia's claims.

The court considered the relevant authorities and the evidence presented by Nokia. It held that the standard for granting summary judgment required the court to be satisfied that there was no real question to be tried. The court noted that Nokia had filed affidavits establishing the necessary facts for its cause of action and that the respondents had not provided specific evidence that dealt with Nokia's claims or clearly stated their defence. The court concluded that the respondents had not shown an arguable defence to the claims of trade mark infringement made by Nokia. Therefore, the court granted summary judgment in favour of Nokia.

The court ordered that the respondents and each of them be restrained from infringing the Nokia Trade Marks, delivering up goods and materials bearing the Nokia Trade Marks for destruction, making discovery of relevant documents, and paying damages or accounting for profits to Nokia. The court also set a deadline for the parties to file and serve written submissions regarding costs.