Virgin Enterprises Ltd v Klapsas [2001] FCA 1502

FEDERAL COURT OF AUSTRALIA

Virgin Enterprises Ltd v Klapsas [2001] FCA 1502

VIRGIN ENTERPRISES LIMITED v PETER KLAPSAS N1089 of 2001 MADGWICK J 16 OCTOBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1089 of 2001

BETWEEN: VIRGIN ENTERPRISES LIMITED

APPLICANT

AND: PETER KLAPSAS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 16 OCTOBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Respondent, whether by himself, his servants or agents or otherwise, be restrained from conducting any business under or by reference to the names: (i) "VIRGIN LIMOUSINES"; (ii) "VIRGIN CAR RENTALS"; (iii) any name which includes the name "VIRGIN" or any colourable imitation thereof, without the licence of the Applicant. 2. The Respondent forthwith take all steps as are necessary or desirable to cancel the registration in his name of the business names: (i) "VIRGIN LIMOUSINES"; (ii) "VIRGIN CAR RENTALS"; in each State or Territory of Australia in which those names are registered. 3. The Respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing: (i) registered trade mark no. 486336; (ii) registered trade mark no. 486340; (iii) registered trade mark no. 751188; (iv) the Virgin Registered Trade Marks or any of them (as that term is defined in the Statement of Claim), (collectively, the "Registered Trade Marks").

4. The Respondent, whether by himself, his servants or agents or otherwise, be restrained from representing by any means whatsoever, in trade or commerce between any of New South Wales, Victoria and the Australian Capital Territory or in trade or commerce in the Australian Capital Territory that: (i) he is or is connected with the Applicant or one of the companies in the Virgin Group of Companies (as that term is defined in the Statement of Claim); and/or (ii) any business conducted by him is the Applicant's business or a business of one of the companies in the Virgin Group of Companies; and/or (iii) any business conducted by him is one that is connected in trade with the Applicant or one of the companies in the Virgin Group of Companies; and/or (iv) any business conducted by him is conducted with the permission or under the control or supervision of the Applicant; and/or (v) his services are the Applicant's or services of one of the companies in the Virgin Group of Companies; and/or (vi) his services are connected in trade with the Applicant or one of the companies in the Virgin Group of Companies; and/or (vii) his services are or will be supplied with the permission or under the control or supervision of the Applicant. 5. The Respondent, whether by himself, his servants or agents or otherwise, be restrained from passing off by any means whatsoever: (i) himself as being or being connected with the Applicant or one of the companies in the Virgin Group of Companies; and/or (ii) any business conducted by him as the Applicant's business or as a business of one of the companies in the Virgin Group of Companies; and/or (iii) any business conducted by him as one that is connected in trade with the Applicant or one of the companies in the Virgin Group of Companies; and/or (iv) any business conducted by him as one conducted with the permission or under the control or supervision of the Applicant; and/or (v) his services as being services connected in trade with the Applicant or one of the companies in the Virgin Group of Companies; and/or (vi) his services as being services supplied, or to be supplied, with the permission or under the control or supervision of the Applicant.