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Tricarico v Dunn Bay Holdings Pty Ltd

[2012] FCA 271

Federal Court of Australia · 23 March 2012 · Official judgment

Cited by 2 indexed judgments

All Cited 2

2018: 1 citing judgment 2020: 1 citing judgment 2012 2014 2016 2018 2020 2022 2024 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Skyn Pty Ltd v Ansell Limited [2018] FCA 1989 Cited Federal Court of Australia · judgment
  2. Smith v ACN 101 390 505 Pty Ltd (in liq) [2020] FCA 940 Cited Federal Court of Australia · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (26)

Earliest first, with how this judgment treated each.

  1. Jafferjee v Scarlett [1937] HCA 36 Cited cited 77×
  2. Re Morny Ltd's Trade Marks [1951] 68 RPC 131 Cited
  3. Re Morny Ltd's Trade Marks [1951] 68 RPC 55 Distinguished
  4. Southern Cross Refrigerating Co v Toowoomba Foundry Pty Ltd (1954) 91 CLR 92 Cited
  5. [1955] 72 RPC 66 Cited
  6. Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66 Cited cited 184×
  7. Clark Equipment Co v Registrar of Trade Marks [1964] HCA 55 Cited cited 74×
  8. [1967] 84 RPC 613 Distinguished
  9. Kaiser Aluminium & Chemical Corporation v Reynolds Metal Co [1969] HCA 7 Cited cited 34×
  10. Re Pelican Trade Mark [1978] 95 RPC 424 Cited
  11. Imperial Group Ltd v Phillip Morris & Co Ltd [1982] 8 FSR 72 Cited
  12. Re (1987) 9 IPR 315 Cited
  13. (1987) 9 IPR 466 Cited
  14. Babaniaris v Lutony Fashions Pty Ltd [1987] HCA 19 Cited cited 38×
  15. Paragon Shoes Pty Ltd v Paragini Distributors (NSW) Pty Ltd (1988) 13 IPR 233 Cited
  16. John v Federal Commissioner of Taxation [1989] HCA 5 Cited cited 95×
  17. SwanFu Trading v Beyer Electrical (1992) 25 IPR 215 Cited
  18. QH Tours Ltd v Mark Travel Corporation (1999) 45 IPR 553 Cited cited 4×
  19. Registrar of Trade Marks v Woolworths [1999] FCA 1020 Cited cited 154×
  20. New England Biolabs Inc v F Hoffman-La Roche AG [2004] FCAFC 213 Cited cited 34×
  21. Pfizer Products Inc v Karam [2006] FCA 1663 Cited cited 29×
  22. Kimberly-Clark Worldwide, Inc v Goulimis [2008] FCA 1415 Cited cited 8×
  23. Television Food Network, G.P. v Food Channel Network Pty Ltd (No 2) [2009] FCA 271 Cited cited 8×
  24. Chocolaterie Guylian N.V. v Registrar of Trade Marks [2009] FCA 891 Cited cited 29×
  25. Sports Warehouse, Inc v Fry Consulting Pty Ltd [2010] FCA 664 Cited cited 39×
  26. Allergan, Inc v Di Giacomo [2011] FCA 1540 Cited cited 5×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.