Tao Ti Co Pty Limited v A & T Evergood Pty Limited [2003] FCA 1509

FEDERAL COURT OF AUSTRALIA

Tao Ti Co Pty Limited v A & T Evergood Pty Limited [2003] FCA 1509 TAO TI CO PTY LIMITED (ACN 075 542 915) v A & T EVERGOOD PTY LTD (ACN 085 909 342) N 1513 OF 2003 ALLSOP J 9 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1513 of 2003

BETWEEN: TAO TI CO PTY LIMITED

(ACN 075 542 915)

APPLICANT

AND: A & T EVERGOOD PTY LIMITED (ACN 085 909 342)

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 9 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT: 1. DECLARES THAT the respondent has infringed trade mark no 670405. 2. ORDERS THAT the respondent by itself, its servants or agents or otherwise be restrained from using as a trade mark the mark and image of registered trade mark No 670405, being the mark and image annexed hereto. DIRECTS THAT: 3. the applicant file and serve any evidence and submissions on costs on or before 12 December 2003; 4. the respondent file and serve any evidence and submissions on costs by Friday the 19 December 2003; 5. the applicant file any evidence and submissions on or before 23 December 2003; 6. any party wishing to cross-examine another party will need to inform the Associate to Allsop J no later than 4.00 pm on 24 December; and 7. the applicant notify the respondent of the orders made today and that if an application to set aside these orders is made, that application is to be made on notice and with affidavit material in support on or before 19 December 2003.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

Annexure "A"

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1513 of 2003

BETWEEN: TAO TI CO PTY LIMITED