Federal Court of Australia
! GN THE FEDERAL COURT OF AUSTEALIA
NEW SCUTH WALES DISTRICT RESTSTRY No. 394 of 1985
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GENERAL DIVISION
BETWEEN :
DIRE STRAITS OVERSEAS LIMITED & ANOR.
Applicant
SOUTH SEAS BUBBLE COMPANY PTY. LIMITED & ORS.
Respondents
EX-TEMPORE REASONS FOR JUDGMENT BORCHETT J-
Wilcox J. on 24 December 1985 made ex parte orders:
""€1) That the re s - that is, the
fa) third respondents -
and each of them by themselves, their
servants or aaents be restrained from
-~ (a) advertising, promoting, displaying,
offering for sale, selling or otherwise
in trade or commerce dealing with any
t-shirts cr cther garments which bear or
embody ( desi.on of a quitar which
i son the cover of the
record album Brothers in Arms, being the
document marked exhibit CLS 1 to the
affidavit of Colin Laird Seeger sworn 23
December 1585 oc (ii) the words "dire
Straits"; (b) from passing off as and
for t-shirts of the first and second
applicants any t-shirts not of the
manufactur2 cf the first or second applicant. .
pio. Sl
(2) Within a period of fourteen jays from the date of service of notice of these orders the respondents - that to say, the first, second and third rzspondents
-~ and each of them make, fiie sand serve an affidavit setting out:_
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hoe
(a) the number of garments bearing the Design sold by or on behalf of the respondents whether by wholesale or by retail;
(b) the number of such garments presently in the possession or control of the respondents;
{c) the name and address of all persons including any company or companies from which the
. respondents have acquired such garments and the date and quantities and price of such suppliers;
(d) the name and address of all ' persons including any company or companies to whom the respondents - «shave supplied such garments and the date and quantities and price
of such supplies."
In the context of those orders, Mr. Ellicott, I take it "the design" refers to the design in the first order, that is the
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