Toddler Kindy Gymbaroo Pty Ltd v Gymboree Pty Ltd [2000] FCA 888

FEDERAL COURT OF AUSTRALIA

Toddler Kindy Gymbaroo Pty Ltd v Gymboree Pty Ltd [2000] FCA 888

TODDLER KINDY GYMBAROO PTY LTD AND MARGARET KENT KERR SASSE AND HARRY ARTHUR SASSE v GYMBOREE PTY LTD AND GYMBOREE CORPORATION NG 142 OF 1996 MOORE J 20 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 142 OF 1996

BETWEEN: TODDLER KINDY GYMBAROO PTY LTD

FIRST APPLICANT

MARGARET KENT KERR SASSE AND HARRY ARTHUR SASSE

SECOND APPLICANTS

AND: GYMBOREE PTY LTD

FIRST RESPONDENT

GYMBOREE CORPORATION

SECOND RESPONDENT

GYMBOREE PTY LTD

FIRST CROSS-CLAIMANT

GYMBOREE CORPORATION

SECOND CROSS-CLAIMANT

TODDLER KINDY GYMBAROO PTY LTD

FIRST CROSS-RESPONDENT

MARGARET KENT KERR SASSE

SECOND CROSS-RESPONDENT

HARRY ARTHUR SASSE

THIRD CROSS-RESPONDENT JUDGE: MOORE J

DATE OF ORDER: 20 JUNE 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The first applicant, whether by itself, its servants, agents or otherwise howsoever, be restrained from using, or conferring or purporting to confer on others the right to use or authorising others to use, the word "Gymbaroo" or the word "Gymboree" or any other name or word that is deceptively similar to the word "Gymbaroo" or the word "Gymboree" in relation to the provision of education, play, movement, exercise, co-ordination or gymnastic activities or classes, or any closely related activity, for babies, infants and young children and their parents or carers in the local government areas of Bisbane, Logan, Ipswich, Cleveland/Redland Bay, Redcliffe and the Gold Coast and from promoting the availability of franchises to provide under the word "Gymbaroo" or the word "Gymboree" or any other name or word that is deceptively similar to the word "Gymbaroo" or the word "Gymboree", any such activities for babies, infants and young children and their parents or carers in those local government areas.