Midas Australia Pty Ltd v Ravecroft Pty Ltd [2004] FCA 771

FEDERAL COURT OF AUSTRALIA

Midas Australia Pty Ltd v Ravecroft Pty Ltd [2004] FCA 771 MIDAS AUSTRALIA PTYA LTD v RAVECROFT PTY LTD NO V 652 OF 2004 HEEREY J 15 JUNE 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V652 OF 2004

BETWEEN: MIDAS AUSTRALIA PTY LTD ACN 24 005 241 798

APPLICANT

AND: RAVECROFT PTY LTD ABN 58 080 093 689 and OTHERS

RESPONDENTS

JUDGE: HEEREY J

DATE OF ORDER: 15 JUNE 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Subject to order 2, until the trial of this proceeding or other order, the first respondent be restrained whether by itself, its servants or agents or any of them from: (i) using the Midas Trademarks identified in exhibit LP-2 of the affidavit of Larry Picker affirmed on 26 May 2004; and (ii) otherwise directly or indirectly identifying itself as a Midas or Midas Muffler and Brake Outlet, Store or Franchisee. 1. Insofar as order 1 requires the removal of signs from the business premises of the first respondent, this order be stayed until 4 pm on 18 June 2004. 2. The first respondent consent to and uses its best endeavours to procure the registration of telephone numbers (07) 4779-2165 and (07) 4779‑2810 in the name of the applicant including executing any transfer documents or change customer forms required to effect such registration. 3. The applicant file and serve its statement of claim on or before 22 June 2004. 4. The first, second and third respondents file and serve any defence and cross-claim on or before 6 July 2004. 5. The directions hearing is adjourned to 10 August 2004. 6. Costs are reserved.

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

IN THE FEDERAL COURT OF AUSTRALIA