Skyy Spirits LLC v Lodestar Anstalt (No 2)

The parties in this case were Skyy Spirits LLC and Lodestar Anstalt. The dispute involved trade mark issues, specifically the refusal of the Registrar to grant a certificate under section 105 of the Trade Marks Act 1995 (Cth) to Lodestar Anstalt. The case was heard in the Federal Court of Australia. The primary legal issues the court had to address were whether Lodestar Anstalt was entitled to indemnity costs under rule 25.14 of the Federal Court Rules 2011 (Cth), whether exceptional circumstances existed to warrant other orders regarding costs, and whether there was any utility in staying orders pending appeal.

The court ruled that Lodestar Anstalt was entitled to indemnity costs from the time it filed its appeal in the Federal Court. The court found that Skyy Spirits had acted unreasonably in pursuing the appeal, and that this constituted exceptional circumstances warranting an indemnity costs order. Additionally, the court determined that the trade marks in question were used in good faith by Lodestar Anstalt between 27 August 2007 and 27 August 2010 in respect of wine, and thus should be certified under section 105 of the Trade Marks Act. The court also stayed certain orders until 28 days after the entry of final orders disposing substantively of any appellate proceedings in the Court.

In summary, the court set aside the Registrar's decision and ordered that Lodestar Anstalt's applications to remove the trade marks be refused. It also ordered that Lodestar Anstalt pay certain costs and that Skyy Spirits' costs be paid on an indemnity basis from a specific date. Furthermore, the court mandated the release of security paid by Skyy Spirits for Lodestar Anstalt's costs, along with any interest thereon. Finally, the court granted a stay of certain orders pending the outcome of any appellate proceedings.