PDP Capital Pty Ltd & Anor v Grasshopper Ventures Pty Ltd
[2021] HCASL 247
PDP CAPITAL PTY LTD & ANOR
v
GRASSHOPPER VENTURES PTY LTD
[2021] HCASL 247
S122/2021
The applicants seek special leave to appeal from part of a unanimous decision of the Full Court of the Federal Court of Australia (Jagot, Nicholas and Burley JJ).
The application has insufficient prospects of success to warrant a grant of special leave on the issue of whether the respondent's trade mark was deceptively similar to the applicants' trade marks, and is an unsuitable vehicle for considering the relationship between s 7(3) and s 120 of the Trade Marks Act 1995 (Cth). Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
S.J. Gageler S.H.P. Steward 9 December 2021
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