Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Virgin Enterprises Ltd v Australian Paper & Disposables Pty Ltd [2006] FCA 1852
VIRGIN ENTERPRISES LIMITED v AUSTRALIAN PAPER & DISPOSABLES PTY LIMITED, AUSTRALIAN PAPER & COMMODITIES PTY LIMITED, VIRGIN PAPER & DISPOSABLES PTY LIMITED and SANJEEV KHANNA NSD 2151 OF 2006
EDMONDS J
20 DECEMBER 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2151 of 2006
BETWEEN: VIRGIN ENTERPRISES LIMITED
Applicant
AND: AUSTRALIAN PAPER & DISPOSABLES PTY LIMITED
First Respondent
AUSTRALIAN PAPER & COMMODITIES PTY LIMITED
Second Respondent
VIRGIN PAPER & DISPOSABLES PTY LIMITED
Third Respondent
SANJEEV KHANNA
Fourth Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 20 DECEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
In these orders the terms 'Offending Names', 'Virgin Group of Companies', 'Primary Trade Mark', 'Virgin Registered Trade Marks', 'Offending Business Names' and 'Offending Company Name' each have the meanings given to them in the Applicant's Statement of Claim filed in these proceedings on 2 November 2006. THE RESPONDENTS EACH BEING IN DEFAULT, THE COURT ORDERS PURSUANT TO O 35A r 3(2)(c) THAT:
1. The Applicant have leave pursuant to section 471B of the Corporations Act 2001 (Cth) to begin and to proceed with these proceedings against the Second Respondent on condition that the Applicant not take any step to enforce any judgment or order it may obtain against the Second Respondent in the proceedings without the leave of the Court.
2. The First and Second Respondents, whether by themselves, their servants or agents or otherwise, be restrained from using:
2.1 the Offending Names; or
2.2 any name which includes the name "VIRGIN" or any colourable imitation thereof,
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