Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jemella Australia Pty Ltd v Young [2008] FCA 394
PRACTICE AND PROCEDURE – consideration of an application for a Search Order under Order 25B of the Federal Court Rules JEMELLA AUSTRALIA PTY LTD ACN 104 455 138 v MICHAEL YOUNG, MJY HAIR AND BEAUTY PTY LTD ACN 125 666 711, TOM KOTSIMBOS AND JEMELLA LIMITED QUD57 OF 2008
GREENWOOD J
18 MARCH 2008
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD57 OF 2008
BETWEEN: JEMELLA AUSTRALIA PTY LTD ACN 104 455 138
Applicant
AND: MICHAEL YOUNG
First Respondent
MJY HAIR AND BEAUTY PTY LTD ACN 125 666 711
Second Respondent
TOM KOTSIMBOS
Third Respondent
JEMELLA LIMITED
Fourth Respondent
JUDGE: GREENWOOD J
DATE OF ORDER: 18 MARCH 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. 2. An order restraining the first, second and third respondents, whether by themselves, their officers, servants, agents or otherwise howsoever from distributing, advertising and offering for sale, displaying or otherwise exploiting counterfeit hairstyling products bearing the mark 'GHD Hairstyling Iron' or 'GHD' or otherwise infringing the trade mark or from publishing or maintaining any internet website which advertises for sale hairstyling products bearing the mark 'GHD Hairstyling Iron' or 'GHD' or which infringe the trade mark or which suggests any connection or association between the applicant and the fourth respondent on the one hand, and the first, second and third respondents on the other, until 4:00pm on 1 April 2008. 3. Costs of and incidental to the application for interim relief be reserved. 4. The application be adjourned until Tuesday, 1 April 2008 at 10:15am. Penal Notice TO: Michael Young If you (being the person bound by this Order): (a) refuse or neglect to do any act within the time specified in the Order for the doing of the act; or (b) disobey the Order by doing an act which the Order requires you to abstain from doing, you will be liable to imprisonment, sequestration of property or other punishment. 1. Any other person who knows of this Order and does anything which helps or permits you to breach the terms of this Order may be similarly punished. Date that entry is stamped: Deputy District Registrar
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