Kailash Center for Personal Development Inc v Yoga Magik Pty Limited [2003] FCA 623

FEDERAL COURT OF AUSTRALIA

Kailash Center for Personal Development Inc v Yoga Magik Pty Limited [2003] FCA 623 KAILASH CENTRE FOR PERSONAL DEVELOPMENT INC & ANOR V YOGA MAGIK PTY LIMITED & ORS N 20 OF 2002 ALLSOP J 20 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 20 of 2002

BETWEEN: KAILASH CENTER FOR PERSONAL DEVELOPMENT INC

FIRST APPLICANT

JONN MUMFORD

SECOND APPLICANT

AND: YOGA MAGIK PTY LIMITED

FIRST RESPONDENT

MEGHAN STEVENS

SECOND RESPONDENT

QUALITY TECH PTY LTD (ACN 002 700 521)

THIRD RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 20 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS: 1. That, subject to orders 2 and 3 below, the respondents include a notice in the form set out in the schedule to these orders: (a) on each page of the website at www.yogamagik.com. (the Yoga Magik website); and (b) on each page of any website they or any of them control or controls now or in the future which deals with yoga or eastern spirituality in which any reference is made to Jonn Mumford, by that name or by any other name, including but not limited to "Dr Jonn Mumford " , "Jonn Mumford" , "Mumford" , "Swami Anandakapila Saraswati", "Anandakapila" or "Swamijii". 2. That the notice referred to in 1 above is to be readily accessible on each page, clearly legible and in a typeface the size of which is the same as the other standard text on the page. 3. That the notice referred to in 1 above is to be so placed on the pages of such website or websites for a period being the later to expire of two years from the date of these orders (20 June 2003) or the cessation by the respondents of the sale or dissemination of any courses which, to any substantial degree, were written by the said Mumford. 4. That the respondents be restrained by themselves, their servants or agents or otherwise from representing in trade or commerce that the second respondent (by any appellation) has been given authority or permission or has been empowered by the second applicant to teach any course of yoga or eastern spirituality of the nature referred to on the Yoga Magik website in 2002. 5. That the respondents take all necessary steps to deregister or cancel the domain name www.jonnmumford.com and the sub-domain name www.members.ozemail.com.au/ ~mumford 8. 6. That the respondents be restrained by themselves, their servants or agents or otherwise from re-registering without the prior consent of the second applicant either of the domain names and the sub-domain name referred to in order 5 or registering any other domain name which includes any of the names Jonn Mumford, Dr Jonn Mumford, Swami Anandakapila Saraswati, Swami Anandakapila, Anandakapila or Swamijii. 7. That judgment be entered in favour of the first applicant against the first respondent in the sum of $4,0000.00 together with interest thereon pursuant to s.51A of the Federal Court of Australia Act 1976 in the sum of $526.36. 8. That the first and second respondents pay the applicants' costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.