Agatha Diffusion S.R.L v Cozzolino, Francoise [1998] FCA 1042

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 767 of 1998

BETWEEN: AGATHA DIFFUSION S.r.L.

Applicant

AND: FRANCOISE COZZOLINO

Respondent

JUDGE: EMMETT J

DATE: 14 AUGUST 1998

PLACE: SYDNEY

the court orders that:

1. Service of the notice of appeal on the respondent may be effected by forwarding the notice of appeal by registered post addressed to the respondent at Post Office Box 841, Double By and to the address shown on the trade mark application, namely 308 Moore Park Road, Paddington. 2. A copy of this order be served with the notice of appeal. 3. The time for serve of the notice of appeal filed in these proceedings be extended to 28 August 1998. 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 767 of 1998

BETWEEN: AGATHA DIFFUSION S.r.L.

Applicant

AND: FRANCOISE COZZOLINO

Respondent

JUDGE: EMMETT J

DATE: 14 AUGUST 1998

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT HIS HONOUR: These proceedings constitute an appeal from a decision of the delegate for the Registrar of Trademarks to dismiss the opposition of Agatha Diffusion S.R.L. ("the Applicant") to the registration of the trademark which was the subject of application number 636012. The application was lodged on 8 September 1994, in the name of Cozzolino Francoise. It seems to be surname first and first name second. The address shown in the application for registration of the trademark is 308 Moore Park Road, Paddington. The postal address is shown as Post Office Box 841, Double Bay. The address in Paddington is premises occupied by the Olympic Hotel. When inquiries were made at the hotel, an employee of the hotel said that he knew nothing of Francoise Cozzolino other than "that person is in London". A telephone number was given, but inquiries of that telephone number indicate that the telephone number is either disconnected or unavailable. No other information is available at this stage as to the whereabouts or identity of Francoise Cozzolino. In the circumstances, the Applicant, the opponent to the registration of a trademark, seeks an order that service of the notice of appeal to this Court be deemed to be effective within five days of the appeal being forwarded by registered post to the respondent at Post Office Box 841, Double Bay. In the circumstances, there does not presently appear to be an alternative in terms of notifying the owner of the trademark. Accordingly, I order that service of the notice of appeal on the respondent may be effected by forwarding the notice of appeal by registered post addressed to the respondent at Post Office Box 841, Double Bay, and to the address shown on the trademark application, namely 308 Moore Park Road, Paddington. I order that a copy of this order be served with the notice of appeal and that the time for service of the notice of appeal filed in the proceedings be extended to 28 August 1998.