Protiviti Inc v Probiti Pty Ltd [2005] FCA 1114

FEDERAL COURT OF AUSTRALIA

Protiviti Inc v Probiti Pty Ltd [2005] FCA 1114 TRADE MARKS – trade mark infringement – application for interlocutory injunction – applicants' trade marks "Protiviti" and respondents' company and business name "Probiti" – damage alleged not that respondents would get business from applicants but that potential customers of applicants would go to other competitors Trade Marks Act 1995 (Cth) ss 41(2), 57, 88(2)(a) The Mond Staffordshire Refined Company Limited v Ellis Harleman (1929) 41 CLR 475 at 477 cited Shell Company of Australia Limited v Esso Standard Oil Australia Proprietary Limited (1963) 109 CLR 407 at 415 applied Southern Cross Refrigerating Company v Toowoomba Foundry Proprietary Limited (1954) 91 CLR 592 at 594-595 applied Clark Equipment Co v The Registrar of Trademarks (1964) 111 CLR 511 at 514 cited PROTIVITI INC & ANOR v PROBITI PTY LTD & ORS NO VID 818 OF 2005 HEEREY J 5 AUGUST 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 818 OF 2005

BETWEEN: PROTIVITI INC

FIRST APPLICANT

PROTIVITI PTY LTD

(ACN 108 473 909)

SECOND APPLICANT

AND: PROBITI PTY LTD (ACN 710 760 953)

FIRST RESPONDENT

RICHARD JOHN HOPKINSON

SECOND RESPONDENT

ANTHONY NEIL ROBERTS

THIRD RESPONDENT

PHILIP ANDREW SAUNDERS

FOURTH RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 5 AUGUST 2005

WHERE MADE: MELBOURNE

ORDERS

Upon the applicants, by their Counsel, undertaking to: (a) submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court as it may direct, to any person whether a party or not a party, adversely affected by the operation of Orders 1 or 2 below or any continuation (with or without variation) and; (b) pay the compensation referred to in (a) to the person there referred to.