Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arthur v Vaupotic Investments Pty Ltd [2005] FCA 433
PETER JOHN ARTHUR and OTHERS v VAUPOTIC INVESTMENTS PTY LTD and OTHERS
NO. VID 598 OF 2003 HEEREY J 12 APRIL 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 598 OF 2003
BETWEEN: PETER JOHN ARTHUR and OTHERS
APPLICANT
AND: VAUPOTIC INVESTMENTS PTY LTD and OTHERS
ACN 007 175 466
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 12 APRIL 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The defences and cross-claims filed by the first and second respondents are struck out and that judgment is entered for the applicants. 2. An injunction is granted restraining the first and second respondents whether by themselves or by their directors, officers, servants or agents or otherwise howsoever from infringing the applicants' monopoly in the Australian Registered Design number AU113919S ("the registered design"), and, in particular from: (a) applying or causing to be applied any or all of the Registered Design or any obvious or fraudulent imitations of it to any number plate cover; (b) selling or offering or keeping for sale any or all of the Registered Design or or any obvious or fraudulent imitation of it has been applied, in infringement of the applicants' monopoly of the Registered Design. 1. The first and second respondents deliver upon oath to the applicants for destruction all licence plate covers in the possession, custody or power of the respondents to which the Registered Design or any obvious or fraudulent imitation of it has been applied without the licence or authority of the applicants. 2. The first and second respondents pay within 14 days the applicants' costs pursuant to the orders of The Honourable Justice Goldberg dated 11 August 2004 and 1 September 2004 in the sum of $7859.00 in accordance with the itemised account in taxable form filed herein. 3. The first and second respondents pay the costs of this proceeding, including all reserved costs and the costs of this application forthwith, such costs to be taxed unless otherwise agreed to. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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