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ARTICLE · 13 JULY 2007

Star Struck Down By Full Federal Court

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In Starr Partners Pty Limited v Dev Prem Pty Ltd [2007] FCAFC 42 the Full Court of the Federal Court has reversed the primary Judge’s order dismissing an allegation of trade mark infringement.

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Sean McManis
Sean McManis
Kathy Mytton
Kathy Mytton
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In Starr Partners Pty Limited v Dev Prem Pty Ltd [2007] FCAFC 42 the Full Court of the Federal Court has reversed the primary Judge’s order dismissing an allegation of trade mark infringement.

Star Partners Pty Ltd carried on a real estate franchise business in New South Wales under the name "Starr Partners", and registered the trade mark STARR Partners & star device. Dev Prem Pty Ltd carried on business as a real estate agent in certain northern suburbs of Brisbane in Queensland, using the unregistered trade mark Star Realty & star device.

Both of the trade marks included a partial star device, and their respective uses of the words STARR and STAR both had the initial letter "S" larger than the other letters of the words used.

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