Virgin Enterprises Limited v Virgin Home Loans Pty Limited (ACN 092 536 153) [2000] FCA 1175

FEDERAL COURT OF AUSTRALIA Virgin Enterprises Limited v Virgin Home Loans Pty Limited (ACN 092 536 153) [2000] FCA 1175

VIRGIN ENTERPRISES LIMITED & ORS v VIRGIN HOME LOANS PTY LIMITED & ORS N 749 OF 2000 HELY J 10 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 749 OF 2000

BETWEEN: VIRGIN ENTERPRISES LIMITED

FIRST APPLICANT

VIRGIN DIRECT LIMITED

SECOND APPLICANT

VIRGINMONEY LIMITED

THIRD APPLICANT

AND: VIRGIN HOME LOANS PTY LIMITED

(ACN 092 536 153)

FIRST RESPONDENT

VIRGIN FINANCIAL SERVICES GROUP PTY LIMITED

(ACN 092 231 859)

SECOND RESPONDENT

SYDNEY HOME LOANS PTY LIMITED

(ACN 075 492 456)

THIRD RESPONDENT

TONY ATANASOVSKI

FOURTH RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 10 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Until further order, the first, second, third and fourth respondents, and each of them whether by themselves or himself or their or his servants or agents, be restrained from conducting any business under or by reference to the following names: (a) "Virgin Home Loans Pty Limited"; (b) "Virgin Financial Services Group Pty Limited" (c) "Virgin Mortgage Corporation"; (d) "Virgin Finance"; (e) "evirgin"; (f) "Virgen Home Loans"; or (g) any other name which includes the name "Virgin" or any colourable imitation thereof. 2. Until further order, the first, second, third and fourth respondents, and each of them whether by themselves or himself or their or his servants or agents, be restrained from taking any steps to alter, in any way, the web site appearing at the url address of www.evirgin.com.au. 3. Until further order, the first, second, third and fourth respondents, and each of them whether by themselves or himself or their or his servants or agents, forthwith do all things as may be necessary or desirable to effect withdrawal of all advertisements and listings (including, without limitation, proposed advertisements and listings) from all telephone directories in Australia (including, without limitation, all White Pages and Yellow Pages telephone directories) whether maintained in print or electronic or other form, including, without limitation, directories which may be accessed by means of the Internet for the following business or entities: (a) "Virgin Home Loans Pty Limited"; (b) "Virgin Financial Services Group Pty Limited"; (c) "Virgin Mortgage Corporation"; (d) "Virgin Finance"; (e) "evirgin"; and (f) "Virgen Home Loans". 4. The costs of the application will be the applicant's cost in the cause.