Case S49/2025

Taylor v. Killer Queen LLC & Ors

Case No.

S49/2025

Case Information

Lower Court Judgment

22/11/2024 Federal Court of Australia (Yates, Burley and Rofe JJ)

[2024] FCAFC 149

Catchwords

Trade marks – Infringement – Defence to infringement – Where infringing mark is deceptively similar to the registered mark – Whether person using the infringing mark would obtain registration – Honest concurrent use – Whether concurrent use established – Whether honest use established – Cancellation – Whether, because of reputation in prior mark, use of the registered mark would be likely to deceive or cause confusion – Where ground of cancellation established – Whether discretion should be exercised not to cancel the registration of the registered mark.

Documents*

11/04/2025 Hearing (SLA, Sydney)

23/04/2025 Notice of appeal

30/05/2025 Written submissions (Appellant)

30/05/2025 Chronology (Appellant)

27/05/2025 Written submissions (Respondent)

18/07/2025 Reply

*The due dates shown for documents on this page are indicative only.