Nintendo Co Ltd v Care [2000] FCA 1538

FEDERAL COURT OF AUSTRALIA

Nintendo Co Ltd v Care [2000] FCA 1538 INTELLECTUAL PROPERTY – interlocutory injunction – infringement of registered trade marks – passing off – false attribution of affiliation – video game character – simultaneous use of name and get up of registered trade mark – whether use of name alone warranted injunction – registration of business name – delay. NINTENDO CO LTD & ANOR v DOMINIC CARE & ANOR V 820 of 2000 GOLDBERG J 25 OCTOBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 820 of 2000

BETWEEN: NINTENDO CO LTD

First Applicant

NINTENDO AUSTRALIA PTY LTD

(ACN 060 566 083)

Second Applicant

AND: DOMINIC CARE

First Respondent

AUSTRALIA CHAMPIONSHIP WRESTLING PTY LTD (ACN 092 811 839)

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 25 OCTOBER 2000

WHERE MADE: MELBOURNE

UPON the applicants by their counsel undertaking:

(a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order hereby made or any continuation (with or without variation) thereof; and

(b) to pay the compensation referred to in (a) to the person there referred to.

THE COURT ORDERS THAT: 1. Until the trial of the proceeding or further order the respondents and each of them, whether by themselves, their officers, employees or agents or otherwise, howsoever be restrained from: (a) conducting or promoting wrestling matches involving (whether as a wrestler or otherwise); (b) selling or offering to sell goods which include a representation of; (c) otherwise promoting by any means;