Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hoser v Prospero Productions Pty Ltd & Ors [2004] FCA 1376 TRADEMARKS – interlocutory relief – applicant owns registered trademarks "snakebuster" and "snakebusters" - respondent produced television program entitled "The Snakebuster" – one episode already aired – balance of convenience favoured the respondent RAYMOND HOSER v PROSPERO PRODUCTIONS PTY LTD N 1497 of 2004 HILL J 8 OCTOBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1497 OF 2004
BETWEEN: RAYMOND HOSER
APPLICANT
AND: PROSPERO PRODUCTIONS PTY LTD
RESPONDENT
JUDGE: HILL J
DATE OF ORDER: 8 OCTOBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The first respondent pay all monies received for licensing the "Snake Buster" program into an account opened for the purpose and not operated upon till further order. 2. The first respondent, by 10am EST on 12 October 2004 file in Sydney an affidavit setting out all payments received by way of licence fees, and affidavit to be confidential between the parties till further order. 3. The applicant file and serve on or before 13 October 2004 an amended application and statement of claim. 4. The applicant file and serve all evidence on which it proposes to rely on or before 14 October 2004. 5. The respondents file and serve all affidavits on or before 22 October 2004. 6. The matter be stood over to 25 October 2004 at 9.30am before a duty judge. 7. Liberty to apply on 24 hours notice. 8. Costs reserved.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1497 OF 2004
BETWEEN: RAYMOND HOSER
APPLICANT
AND: PROSPERO PRODUCTIONS PTY LTD
RESPONDENT
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