Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jemella Australia Pty Ltd v Internet Marketing Pty Ltd [2008] FCA 13
JEMELLA AUSTRALIA PTY LTD ACN 104 455 138 v INTERNET MARKETING PTY LTD ACN 124 105 611, DONALD REID, MARY CUNNINGHAM AND JEMELLA LIMITED QUD 10 OF 2008
SPENDER J
11 JANUARY 2008
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 10 OF 2008
BETWEEN: JEMELLA AUSTRALIA PTY LTD ACN 104 455 138
Applicant
AND: INTERNET MARKETING PTY LTD ACN 124 105 611
First Respondent
DONALD REID
Second Respondent
MARY CUNNINGHAM
Third Respondent
JEMELLA LIMITED
Fourth Respondent
JUDGE: SPENDER J
DATE OF ORDER: 11 JANUARY 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. A search order issue in the form of the Search Order marked annexure 1 to this order. 1. The First Respondent, whether by themselves, their directors, officers, servants, agents or otherwise howsoever, and the Second and Third Respondents, whether by themselves, their servants, agents or otherwise howsoever, be restrained from distributing, advertising and offering for sale (including by way of internet sites www.ghdhairstylingproducts.com and www-ghd.com), displaying or otherwise exploiting counterfeit hairstyling products bearing the mark "GHD Hairstyling Iron" or "GHD" or otherwise infringing the Trade Mark or from publishing and maintaining any internet website which advertises for sale hairstyling products bearing the mark "GHD Hairstyling Iron" or "GHD" or which infringe the Trade Mark of which suggests any connection or association between the Applicant and the First, Second or Third Respondents or the Fourth Respondent and the First, Second or Third Respondents, including www.ghdhairstylingproducts.com and www-ghd.com, until 4:00pm on 11 February 2008. 1. The application be adjourned until Monday 11 February 2008 at 10:15am. 1. Liberty to apply on 24 hours notice. 1. Costs of the application for interim relief be reserved. ANNEXURE 1 IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY NO: QUD 10 of 2008 JEMELLA AUSTRALIA PTY LTD ACN 104 455 138 Applicant INTERNET MARKETING PTY LTD ACN 124 105 611 First Respondent DONALD REID Second Respondent MARY CUNNINGHAM Third Respondent JEMELLA LIMITED Fourth Respondent SEARCH ORDER Penal Notice TO: INTERNET MARKETING PTY LTD ACN 124 105 611 DONALD REID MARY CUNNINGHAM
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