Crystal Carwash Cafe Pty Ltd v Crystal Clear Carwash & Cafe Pty Ltd [2006] FCA 1284

FEDERAL COURT OF AUSTRALIA

Crystal Carwash Cafe Pty Ltd v Crystal Clear Carwash & Cafe Pty Ltd [2006] FCA 1284

CRYSTAL CARWASH CAFE PTY LTD (ACN 060 916 770) v CRYSTAL CLEAR CAR WASH & CAFE PTY LIMITED (ACN 118 920 497), NISHA UPPAL, DEEPAK SHARMA AND RAMAN KUMAR NSD 1801 OF 2006

GRAHAM J

21 SEPTEMBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1801 OF 2006

BETWEEN: CRYSTAL CARWASH CAFE PTY LTD (ACN 060 916 770)

Applicant

AND: CRYSTAL CLEAR CAR WASH & CAFE PTY LIMITED (ACN 118 920 497)

First Respondent

NISHA UPPAL

Second Respondent

DEEPAK SHARMA

Third Respondent

RAMAN KUMAR

Fourth Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 21 SEPTEMBER 2006

WHERE MADE: SYDNEY

THE COURT NOTES: The undertaking of the First Respondent by its Counsel to the Court upon instructions from the First Respondent that the First Respondent will not in the course of conducting a car wash and café business after 6pm on 21 September 2006 whether by itself, its servants or agents use the name 'CRYSTAL CLEAR CAR WASH AND CAFÉ' or any name deceptively similar thereto whether on signs, banners, stickers, dockets, T-Shirts, advertising brochures or otherwise as part of a business name or in the conduct of the business referred to above. THE COURT FURTHER NOTES: The Applicant accepts that the use by the First Respondent in the course of conducting a car wash and café business of the name 'CLEAR VIEW CAR WASH AND CAFÉ' after 21 September 2006 will not involve a breach of the undertaking in respect of the name 'CRYSTAL CLEAR CAR WASH AND CAFÉ'. THE COURT ORDERS THAT: 1. The application be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.