Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 840 of 1996 ) GENERAL DIVISION ) EMI MUSIC RECORDS OF AUSTRALIA PTY LTD Applicant COLOSSAL RECORDS OF AUSTRALIA PTY LTD Respondent Coram:Whitlam J Place: Sydney Date: 29 October 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Upon the applicant by its counsel giving the usual undertaking as to damages, the respondent be restrained, by itself, its servants or its agents, until further order from: (a) manufacturing, distributing, selling, advertising and supplying in Australia any compact disc or associated packaging containing thereon the words as the title of the compact disc "7 Days and One Week" in conjunction with the name of the artist being "DDE"; and
(b) representing, claiming, advertising or otherwise promoting that the compact disc "7 Days and One Week" is a compact disc of the sound recording which has sold successfully in Europe. 2. Costs of the interlocutory hearing be the applicant's costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 840 of 1996 ) GENERAL DIVISION ) EMI MUSIC RECORDS OF AUSTRALIA PTY LTD Applicant COLOSSAL RECORDS OF AUSTRALIA PTY LTD Respondent Coram:Whitlam J Place: Sydney Date: 29 October 1996 REASONS FOR JUDGMENT The applicant seeks interlocutory orders: "2. ... restraining the respondent whether by itself, its servants and agents from manufacturing, distributing, selling, advertising and supplying in Australia any [compact disc ("CD")] and/or associated packaging containing thereon the words as the title of the CD "7 Days and One Week" either alone or in conjunction with any of the following: (a) the name of the artist being "DDE"; and/or (b) the name of the recordings being "7 Days and One Week (Radio Edit)" and/or "7 Days and One Week (Club Mix)"; [and] 2A. ... restraining the respondent whether by itself, its servants and agents from representing, claiming, advertising or otherwise
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