Chanel Limited v Ayad [2005] FCA 820

FEDERAL COURT OF AUSTRALIA

Chanel Limited v Ayad [2005] FCA 820 CHANEL LIMITED AND CHANEL AUSTRALIA PTY LIMITED v MAHMOUD AYAD AND YOUSSEF ISSA N 506 of 2005 JACOBSON J 16 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 506 OF 2005

BETWEEN: CHANEL LIMITED

FIRST APPLICANT

CHANEL AUSTRALIA PTY LIMITED

SECOND APPLICANT

AND: MAHMOUD AYAD

FIRST RESPONDENT

YOUSSEF ISSA

SECOND RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 16 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to Order 35A(3)(d), judgment is entered in favour of the Applicants against the First and Second Respondents.

2. The orders be made as set out in [1] – [8] of the Application.

3. All goods currently in the possession of the Australian Customs Service, pursuant to seizure number V05/00255 and seizure number V05/0456, be forfeited to the Commonwealth, pursuant to s 137(3)(b) of the Trade Marks Act 1995 (Cth), so that the goods may be disposed of as the Customs CEO directs, pursuant to s 139(b) of the Trade Marks Act 1995 (Cth).

4. The First and Second Respondents pay the costs of the Applicants in this proceeding to date.

5. Liberty to apply is reserved on 72 hours notice for the applicants to inform the court as to whether they wish to proceed with a claim for damages. If the applicants do wish to proceed with a claim for damages, appropriate directions shall be made. However, if the applicants do not wish to proceed with a claim for damages, the proceedings will be otherwise discontinued or dismissed (the necessary order in that event to be made in chambers).

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