Australian Associated Motor Insurers Ltd v Australian Automotive Motor Inspection Centre Pty Ltd (No 2) [2003] FCA 1268

FEDERAL COURT OF AUSTRALIA

Australian Associated Motor Insurers Ltd v Australian Automotive Motor Inspection Centre Pty Ltd (No 2) [2003] FCA 1268 AUSTRALIAN ASSOCIATED MOTOR INSURERS LTD V AUSTRALIAN AUTOMOTIVE MOTOR INSPECTION CENTRE PTY LTD V683 of 2003 HEEREY J MELBOURNE 28 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V683 OF 2003

BETWEEN: AUSTRALIAN ASSOCIATED MOTOR INSURERS LTD ACN 004 791 744

APPLICANT

AND: AUSTRALIAN AUTOMOTIVE MOTOR INSPECTION CENTRE PTY LTD and ANOTHER

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 28 OCTOBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

Upon the usual undertaking, there will be an order that: 1. The applicant have leave to file and serve an amended application and an amended statement of claim in the form exhibited as ABW7 to the affidavit of Anthony Brook Watson, sworn 22 October 2003. 2. Until a final hearing of this proceeding or further order, the first and second respondents, or either of them, whether by themselves, their directors, servants, employees or agents, or howsoever otherwise, be restrained from using the words, letters, signs or acronyms AMIC or AEMIC in the course of business conducted by them for the advertising, promotion, offer for sale and supply of services relating to the inspection, assessment and repair of motor vehicles. 3. Within seven days of the date of this order the first respondent take all necessary steps to effect the cessation of the registration of the business name AEMIC with the Victorian Office of Business Affairs, registration number B1716856U. 4. The respondents pay the applicant's costs of this application on an indemnity basis, such costs to be taxed and paid forthwith.