Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sony Computer Entertainment Australia Pty Ltd v Angrainni [2000] FCA 355 INTELLECTUAL PROPERTY – ex parte application for interlocutory relief – goods which infringe the applicants' registered trade marks seized by the Australian Customs Service – infringement proceedings commenced by the applicants under s 137 of the Trade Marks Act 1995 (Cth) – whether the appropriate order under s 137(2), which contemplates an order "preventing the goods from being released", is an order directed to the Australian Customs Service restraining it from releasing the relevant goods, or an order directed to the designated owner of the goods restraining that person from receiving or collecting the goods
Trade Marks Act 1995 (Cth), s 137
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED v JENNY ANGRAINNI N 156 OF 2000 LEHANE J 17 MARCH 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 156 OF 2000
BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED
APPLICANT
AND: JENNY ANGRAINNI
RESPONDENT
JUDGE: LEHANE J
DATE OF ORDER: 17 MARCH 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave be granted to the applicants to file in Court their notice of motion dated 17 March 2000. 2. The requirements of order 19 rule 3 be dispensed with in relation to that motion. 3. The notice of motion be returnable instanter. 4. Upon the applicants giving the usual undertaking as to damages, the Chief Executive Officer of the Australian Customs Service be restrained, until further order of the Court, from releasing to the designated owner the goods referred to in paragraph 6 of the application. 5. Upon the applicants giving the usual undertaking as to damages, the respondent be restrained, until further order of the Court, from collecting from the Australian Customs Service the goods referred to in paragraph 6 of the application. 6. The respondent and the Chief Executive Officer of the Australian Customs Service be notified as soon as practicable by the applicants of the terms of the above orders.
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