Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Raben Footwear Pty Limited v Marathon Footwear Pty Limited [2008] FCA 533
RABEN FOOTWEAR PTY LIMITED (ACN 060 720 498) v MARATHON FOOTWEAR PTY LIMITED (ACN 099 893 008), ZHONG DA CHEN, JIA HUONG CHEN and SIMON LIN
NSD 516 of 2008
GRAHAM J
17 APRIL 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 516 of 2008
BETWEEN: RABEN FOOTWEAR PTY LIMITED (ACN 060 720 498)
Applicant
AND: MARATHON FOOTWEAR PTY LIMITED (ACN 099 893 008)
First Respondent
ZHONG DA CHEN
Second Respondent
JIA HUONG CHEN
Third Respondent
SIMON LIN
Fourth Respondent
JUDGE: GRAHAM J
DATE OF ORDER: 17 APRIL 2008
WHERE MADE: SYDNEY
ON THE APPLICANT BY ITS COUNSEL GIVING TO THE COURT THE USUAL UNDERTAKING AS TO DAMAGES, THE COURT ORDERS: 1. That the first respondent by itself, its servants and agents, and the second respondent be restrained until further order from importing into Australia, displaying, selling, distributing, supplying, or offering to sell, distribute or supply any product bearing the name 'Raben' and/or 'Raben Footwear' or any name or names deceptively similar thereto. 2. That the first respondent by itself, its servants and agents, and the second respondent be restrained until further order from importing into Australia, displaying, selling, distributing, supplying, or offering to sell, distribute or supply any product packaged in containers or packets bearing the name 'Raben' and/or 'Raben Footwear' or any name or names deceptively similar thereto. 3. That the first respondent, until further order, withdraw from display and sale all products bearing the name 'Raben' and/or 'Raben Footwear'. THE COURT: 4. Grants liberty to any party to apply on 2 days' notice. 5. Reserves the question of costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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