Jimik Investments Pty Ltd v Registrar of Trade Marks [1999] FCA 1873

FEDERAL COURT OF AUSTRALIA

Jimik Investments Pty Ltd v Registrar of Trade Marks [1999] FCA 1873 Jimik Investments Pty Ltd v Registrar of Trade Marks, Gerd Thone and Oliver Thone N1439 of 1999 WILCOX J SYDNEY 21 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1439 of 1999

BETWEEN: JIMIK INVESTMENTS PTY LTD

Applicant

AND: REGISTRAR OF TRADE MARKS

First Respondent

GERD THONE

Second Respondent

And

OLIVER THONE

Third Respondent JUDGE: WILCOX J

DATE OF ORDER: 21 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) The applicant, by its counsel, having given to the Court the usual undertaking as to damages, order that the first respondent, the Registrar of Trade Marks, postpone the Opposition Hearing fixed for 19 January 2000 in respect of Australian Trade Mark Number 746400 until a date to be fixed by, or pursuant to, an order of the Court or after final hearing. (2) The applicant be given leave to serve the amended application, and all affidavits filed in support of that application, on the second respondent, Gerd Thone, outside Australia in Germany. (3) Direct that service on the second respondent be personal and be effected as soon as possible, preferably not later than 25 January 2000. The application is to bear a notation requiring attendance at a directions hearing to be held at 9.30 am on Friday, 11 February 2000. (4) The costs of this Application are reserved. 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 N1439 of 1999

BETWEEN: JIMIK INVESTMENTS PTY LTD

Applicant

AND: REGISTRAR OF TRADE MARKS