FEDERAL COURT OF AUSTRALIA

 

Unilever Aust Ltd v Karounos [2001] FCA 1132

 

 



 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UNILEVER AUSTRALIA LIMITED v GEORGE KAROUNOS and SABRE INTERNATIONAL LIMITED


NG 732 OF 1998

 

 

 

 

 

 

 

 

HILL J

17 AUGUST 2001

SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

 NG 732 OF 1998

 

BETWEEN:

UNILEVER AUSTRALIA LIMITED (ACN 004 050 828)

APPLICANT/CROSS-RESPONDENT

AND:

GEORGE KAROUNOS

SECOND RESPONDENT/SECOND CROSS-CLAIMANT

SABRE INTERNATIONAL LIMITED

THIRD RESPONDENT/THIRD CROSS-CLAIMANT

JUDGE:

HILL J

DATE OF ORDER:

17 AUGUST 2001

WHERE MADE:

SYDNEY

 

CORRIGENDUM

 

1.      In paragraph 64 line 4, the reference to s 95(4)(b) should be a reference to s 92(4)(b).

 


I certify that this is a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Hill.

 

 

Associate:

 

Dated:              30 October 2001



FEDERAL COURT OF AUSTRALIA

 

Unilever Australia Limited v Karounos [2001] FCA 1132



 


UNILEVER AUSTRALIA LIMITED v GEORGE KAROUNOS and SABRE INTERNATIONAL LIMITED

 

NG 732 OF 1998

 

 

HILL J

17 AUGUST 2001 (Corrigendum 29 May 2002)

SYDNEY

 


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NG 732 OF 1998

 

BETWEEN:

UNILEVER AUSTRALIA LIMITED (ACN 004 050 828)

APPLICANT/CROSS-RESPONDENT

 

AND:

GEORGE KAROUNOS

SECOND RESPONDENT/SECOND CROSS-CLAIMANT

 

SABRE INTERNATIONAL LIMITED

THIRD RESPONDENT/THIRD CROSS-CLAIMANT

 

 

JUDGE:

HILL J

DATE:

17 AUGUST 2001 (Corrigendum 29 May 2002)

PLACE:

SYDNEY


CORRIGENDUM TO REASONS FOR JUDGMENT


1                     In paragraph 12 the first part of the first sentence of the quote from s 41(5) Note 2 should read: “Use of a trade mark by a predecessor in title of an applicant and an authorised use” and not “Use of a trade mark by a predecessor in title of an applicant and anauthorised use”.  Also in paragraph 12 the first part of the first sentence of the quote from s 41(6) Note 2 should read “Use of a trade mark by a predecessor in title of an applicant and an authorised use” and not “Use of a trade mark by a predecessor in title of an applicant and anuthorised use”.

2                     The second sentence in paragraph 22 should end with the words “when written in stylised form” not “when written in stytlised form”.

3                     Paragraph 42 should read “This statement was approved by Kitto J in Clark Equipment at 513-4 and has been applied in this Court repeatedly; see, for example, TGI Fridays Australia Ltd v TGI Friday’s Inc (2000) 48 IPR 513 at 521” and not “This statement was approved by Kitto J in Clark Equipment at 513-4 and has been applied in this Court repeatably; see, for example, Big Country Developments Pty Ltd v TGI Friday’s Inc (2000) 48 IPR 513 at 521.”.


I certify that the preceding three (3) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Hill.



Associate:


Dated:              29 May 2002