Raytheon Company v Lockheed Martin Corporation

REASONS FOR JUDGMENT 1 This is a proceeding under s 56 of the Trade Marks Act 1995 (Cth) and relates to registration of the mark, 'PAVEWAY' in respect of class 13, that is to say, laser-guided bomb kits. 2 The parties have reached an accommodation and have decided that the mark should now proceed to registration. 3 For the reasons given by Nicholas J in Societe Des Produits Nestle SA v Aldi Stores (A Limited Partnership) [2010] FCA 218 and also by Dodds-Streeton J in Suyen Corporation v Americana International Limited [2011] FCA 300, I am satisfied that I have the power to make an order setting aside the decision of the Registrar by consent and also to order that the registration of the mark now proceed. 4 Accordingly, I will make the orders that Mr Webb SC has handed up and which, it has been indicated to me, are otherwise by consent. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perram.