Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Permanent Promotions Pty Ltd v Independent Distillers (Aust) Pty Ltd [2004] FCA 794
INTELLECTUAL PROPERTY –registered design No 154585 – applied to twisted shot glass – alleged infringement by respondent's "Vodka Twistee" product - application for an interlocutory injunction by the applicant to restrain respondent from selling or offering for sale allegedly infringing product – whether serious issue to be tried – whether injunction should be granted when short period to trial – whether respondent should be restrained because it proceeded to enter Australian market with "eyes wide open" – whether financial resources of respondent relevant – inability of applicant to meet undertaking as to damages
Designs Act 1906 (Cth) ss 17, 19
Malleys Ltd v JW Tomlin Pty Ltd (1961) 35 ALJR 352 applied D Sebel and Co Ltd v National Art Metal Co Pty Ltd (1965) 10 FLR 224 at 226 applied Re Baker v Priem's Application (No 2) (1989) 15 IPR 660 at 666 applied Re Wheatley's Patent Application (1984) 2 IPR 450 referred to Azuko Pty Ltd v Old Digger Pty Ltd (2001) 52 IPR 75 at paras 110 et seq referred to Foggin v Lacey (2003) FCAFC 147 applied Wanem Pty Ltd v John Tekiela (1990) 19 IPR 435 at 408-409 applied Select Personnel Pty Ltd v Morgan and Banks Pty Ltd (1988) 12 IPR 167 affirmed First Netcom Pty Ltd v Telstra Corporation Ltd (2000) 101 FCR 77 at paras 23 to 24, applied PERMANENT PROMOTIONS PTY LTD v INDEPENDENT DISTILLERS (AUST) PTY LTD NO. V702 OF 2004 HEEREY J 18 JUNE 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V702 OF 2004
BETWEEN: PERMANENT PROMOTIONS PTY LTD ACN 005 933 808
APPLICANT
AND: INDEPENDENT DISTILLERS (AUST) PTY LTD ACN 077 568 480
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 18 JUNE 2004
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