Fendi Adele SRL v Friedland [2002] FCA 352

FEDERAL COURT OF AUSTRALIA

Fendi Adele SRL v Friedland [2002] FCA 352 Federal Court Rules: O 20 r 1 Trade Marks Act 1995 (Cth): s 120(1) FENDI ADELE SRL & ANOR v ARIEH FRIEDLAND V 835 of 2001 GOLDBERG J 20 MARCH 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 835 of 2001

BETWEEN: FENDI ADELE SRL

First Applicant

LOUIS VUITTON MALLETIER SA

Second Applicant

AND: ARIEH FRIEDLAND

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 20 MARCH 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The second applicant be granted leave to amend: (a) the notice of motion to add par 1(a)(xi) in accordance with amended notice of motion handed to the Honourable Justice Goldberg and initialled by his Honour and placed on the Court file; (b) the application to add par 11(k) in the terms of the draft amended application handed to the Honourable Justice Goldberg and initialled by his Honour and placed on the Court file; (c) the statement of claim to add par 4(k) in accordance with the draft amended statement of claim initialled by his Honour and placed upon the Court file. 2. There be summary judgment for the second applicant pursuant to O 20 r 1 of the Federal Court Rules permanently restraining the respondent, whether by himself, his employees or agents or otherwise howsoever, from infringing Australian registered trade mark number 729025 for "CHECK SQUARE" in Class 18 ("the Louis Vuitton trade mark") and, in particular, from using the Louis Vuitton trade mark or any sign which is substantially identical or deceptively similar thereto in the course of trade on or in relation to: (a) any of the goods in resect of which the Louis Vuitton trade mark is registered ("the Louis Vuitton registered goods"); (b) goods of the same description as any of the Louis Vuitton registered goods; or (c) services that are closely related to any of the Louis Vuitton registered goods. 3. There be a trial limited to the question of liability referred to in pars 1 to 23 of the amended statement of claim other than in relation to par 4(k) thereof with all issues as to damages and any account of profits including in relation to the trade mark referred to in par 4(k) thereof to be dealt with after the trial on liability. 4. The applicants file and serve any further affidavit material upon which they intend to rely at the trial of this proceeding on or before 4.00pm on 8 April 2002. 5. The respondent file and serve any further affidavit material upon which he intends to rely at the trial of this proceeding on or before 4.00pm on 29 April 2002. 6. The applicants file and serve any affidavits in reply on or before 4.00pm on 6 May 2002. 7. Each party file and exchange an outline of facts and contentions on or before 4.00pm on 13 May 2002. 8. The proceeding be referred to mediation, pursuant to O 72 of the Federal Court Rules, such mediation to be conducted by a mediator nominated by the District Registrar. The mediation shall be concluded before 1 May 2002. The mediator is to report the result to the Court in writing of the outcome of the mediation no later than 8 May 2002. 9. The respondent pay 25 per cent of the second applicant's costs of the amended notice of motion. The remaining 75 per cent of the second applicant's costs of the amended notice of motion be costs in the cause. 10. Adjourn the directions hearing to 5 June 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules