Nokia Corporation v Yu (No 2) [2008] FCA 1088

FEDERAL COURT OF AUSTRALIA

Nokia Corporation v Yu (No 2) [2008] FCA 1088

NOKIA CORPORATION v HENRY YU

VID 336 of 2008

GORDON J

18 JULY 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 336 of 2008

BETWEEN: NOKIA CORPORATION

Applicant

AND: HENRY YU

Respondent

JUDGE: GORDON J DATE OF ORDER: 18 JULY 2008

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT:

1. By his importation into Australia of the items listed in Schedule "A" each bearing one or more of the following Australian registered Trade Marks: (a) Australian Registered Trade Mark number 458364 for Nokia in Class 9; (b) Australian Registered Trade Mark number 490781 for Nokia and Device in Class 9; (c) Australian Registered Trade Mark number 867057 for Nokia in Classes 9, 18, 25, 38, 41 and 42. (together referred to as "Nokia Trade Marks") without the licence or authority of the Applicant, the Respondent has infringed the Nokia Trade Marks and each of them.

THE COURT ORDERS THAT: 2. The Respondent be permanently restrained, whether by himself his employees or agents or otherwise, from infringing any of the Nokia Trade Marks and in particular from using the Nokia Trade Marks or any of them or any name, word, mark sign or device which is substantially identical with or deceptively similar to any one or more of the Nokia Trade Marks in the course of trade on or in relation to: (a) any of the goods in respect of which the Nokia Trade Marks are registered ("the Nokia registered goods"); (b) goods of the same description as any of the Nokia registered goods; (c) services that are closely related to any of the Nokia registered goods not manufactured or provided by or under the authority of the Applicant or otherwise procuring or inducing any other person to do any of the acts specified in paragraph 2 of this order. 3. The goods seized by the Australian Customs Service ("Customs") at Sydney pursuant to a Notice of Objection lodged by the Applicant under s 132 of the Trade Marks Act 1995 (Cth), and which are the subject of and referred to in the Notice of Seizure to Objector dated 9 April 2008 and bearing the customs reference number DGR200801302/2kk ("the Notice of Seizure") sent to the Applicant by a delegate of the Chief Executive Officer of Customs in which the Respondent is identified as the designated owner of such seized goods, be forfeited to the Commonwealth and disposed of as the Chief Executive Officer of Custom directs. 4. The Respondent pay the Applicant's costs of the proceeding. 5. The proceeding be discontinued subject to the Applicant having liberty to apply to reinstate the proceeding limited to the question of quantum. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.