Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gillette Company v Schiavini [2008] FCA 1053
Trade Marks Act 1995 (Cth), Pt 13 Federal Court Rules, O 35A, O 62 Jemella Australia Pty Ltd v MacKinnon [2008] FCA 1022 cited Playboy Enterprises International Inc v You Tao Hong (2004) 63 IPR 533, (2004) AIPC 92‑030, [2004] FCA 1205 applied THE GILLETTE COMPANY and PROCTER AND GAMBLE INTERNATIONAL OPERATIONS PTE LTD v JOSEFINA SCHIAVINI
NSD 877 of 2008
GYLES J
15 JULY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 877 of 2008
BETWEEN: THE GILLETTE COMPANY
First Applicant
PROCTER AND GAMBLE INTERNATIONAL OPERATIONS PTE LTD
Second Applicant
AND: JOSEFINA SCHIAVINI
Respondent
JUDGE: GYLES J
DATE OF ORDER: 15 JULY 2008
WHERE MADE: SYDNEY
THE COURT DECLARES THAT:
1. The Respondent has infringed the First Applicant's registered Trade Mark No 28857. 2. The Respondent has infringed the First Applicant's registered Trade Mark No 759667. 3. The Respondent has infringed the First Applicant's registered Trade Mark No 863355. 4. The Respondent has infringed the First Applicant's registered Trade Mark No 1031429.
THE COURT ORDERS THAT:
5. The Respondent, whether by itself, its servants or agents or otherwise, be restrained from infringing the First Applicant's registered Trade Mark No 28857. 6. The Respondent, whether by itself, its servants or agents or otherwise, be restrained from infringing the First Applicant's registered Trade Mark No 759667. 7. The Respondent, whether by itself, its servants or agents or otherwise, be restrained from infringing the First Applicant's registered Trade Mark No 863355. 8. The Respondent, whether by itself, its servants or agents or otherwise, be restrained from infringing the First Applicant's registered Trade Mark No 1031429. 9. In full and final settlement of these proceedings, the Respondent pay the Applicants $10,844.68 in respect of costs. 10. The application otherwise be dismissed. 11. Exhibit A and confidential exhibit RN2 be returned instanter. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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