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Energy Beverages LLC v Kangaroo Mother Australia Pty Ltd

[2023] FCA 999

Federal Court of Australia · 24 August 2023 · Official judgment

Cited by 1 indexed judgment

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2024: 1 citing judgment 2023 2024 2025 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

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  1. The Practice Pty Ltd v The Practice Business Advisers & Tax Practitioners Pty Ltd [2024] FCA 1299 Cited Federal Court of Australia · judgment

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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 (37)

Earliest first, with how this judgment treated each.

  1. Re Ducker's Trade Mark [1929] 1 Ch 113 Cited cited 4×
  2. Jafferjee v Scarlett [1937] HCA 36 Cited cited 77×
  3. Australian Woollen Mills Ltd v FS Walton & Co Ltd [1937] HCA 51 Cited cited 184×
  4. Eclipse Sleep Products Inc v Registrar of Trade Marks (1957) 99 CLR 300 Cited cited 20×
  5. Joseph Bancroft & Sons Co v Registrar of Trade Marks (1957) 99 CLR 453 Cited cited 5×
  6. Aston v Harlee Manufacturing Co [1960] HCA 47 Cited cited 41×
  7. Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66 Cited cited 184×
  8. Brambles Holdings Ltd v Carey (1976) 15 SASR 270 Cited cited 48×
  9. Registrar of Trade Marks v Muller [1980] HCA 35 Cited cited 14×
  10. Rowntree PLC v Rollbits Pty Ltd (1988) 90 FLR 398 Cited cited 9×
  11. Smith Kline & French Laboratories Ltd v Evans Medical Ltd [1989] 1 FSR 561 Cited cited 26×
  12. Krakowski v Eurolynx Properties Ltd [1995] HCA 68 Cited cited 172×
  13. Registrar of Trade Marks v Woolworths [1999] FCA 1020 Cited cited 154×
  14. Novartis AG v Bausch & Lomb (Australia) Pty Ltd [2004] FCA 835 Cited cited 14×
  15. Health World Limited v Shin-Sun Australia Pty Ltd [2008] FCA 100 Cited cited 31×
  16. E & J Gallo Winery v Lion Nathan Australia Pty Limited [2009] FCAFC 27 Cited cited 33×
  17. Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Cited cited 1,635×
  18. Optical 88 Limited v Optical 88 Pty Limited (No 2) [2010] FCA 1380 Cited cited 56×
  19. Les Laboratoires Servier v Apotex Pty Limited [2010] FCAFC 131 Cited cited 15×
  20. Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58 Cited cited 49×
  21. Optical 88 Limited v Optical 88 Pty Limited [2011] FCAFC 130 Cited cited 36×
  22. Apple Inc. v Registrar of Trade Marks [2014] FCA 1304 Cited cited 25×
  23. Telstra Corporation Limited v Phone Directories Company Australia Pty Ltd [2015] FCAFC 156 Cited cited 24×
  24. Qantas Airways Limited v Edwards [2016] FCA 729 Cited cited 13×
  25. Frucor Beverages Limited v The Coca-Cola Company [2018] FCA 993 Cited cited 7×
  26. Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100 Cited cited 13×
  27. Bauer Consumer Media Ltd v Evergreen Television Pty Ltd [2019] FCAFC 71 Cited cited 18×
  28. Capic v Ford Motor Company of Australia Limited (Late Evidence) [2020] FCA 1117 Cited cited 5×
  29. Monster Energy Company v Mixi Inc [2020] FCA 1398 Cited cited 5×
  30. Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2020] FCA 1808 Cited cited 19×
  31. Dr August Wolff GmbH & Co. KG Arzneimittel v Combe International Ltd [2020] FCA 39 Cited cited 5×
  32. (2021) 166 IPR 371 Cited
  33. Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369 Cited cited 9×
  34. RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2022] FCA 1042 Cited cited 3×
  35. Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2022] FCA 1380 Cited
  36. Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44 Cited cited 11×
  37. Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 Cited cited 64×
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.