Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Disney Enterprises, Inc v Sondavid Pty Ltd [2008] FCA 1394
INTELLECTUAL PROPERTY – trade marks – ex parte application for interlocutory relief – goods seized by Australian Customs Service – infringement proceedings – interlocutory order preventing release of the goods Held: Interlocutory orders granted. Trade Marks Act 1995 (Cth) Customs Act 1901 (Cth) Nokia Corporation v Yu [2008] FCA 1087 DISNEY ENTERPRISES, INC. and THE WALT DISNEY COMPANY (AUSTRALIA) PTY LIMITED (ACN 003 471 029) v SONDAVID PTY LTD (ACN 080 246 680) and AUSTIN JOHN WATSON
NSD1323/2008
JAGOT J
11 SEPTEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1323/2008
BETWEEN: DISNEY ENTERPRISES, INC.
First Applicant
THE WALT DISNEY COMPANY (AUSTRALIA) PTY LIMITED (ACN 003 471 029)
Second Applicant
AND: SONDAVID PTY LTD (ACN 080 246 680)
First Respondent
AUSTIN JOHN WATSON
Second Respondent
JUDGE: JAGOT J
DATE OF ORDER: 11 SEPTEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. On the applicants giving the usual undertaking as to damages, the Chief Executive Officer of Customs is restrained until further order from releasing any of the goods bearing the Disney Trade Marks or any mark which is substantially identical or deceptively similar to the Disney Trade Marks, which goods are the subject of and referred to in the Notification of Seizure to Objector dated 18 July 2008 sent to the first applicant marked with the Australian Customs Service reference number 2008/019868-01. 2. These orders be entered ex parte. 3. The costs of the applicants' notice of motion filed 3 September 2008 are reserved. 4. Direct the applicants to notify the respondents of these orders and the date of the next directions hearing by sending a letter enclosing a copy of the orders as entered, by pre-paid registered post, to Sondavid Pty Ltd, Level 1, Plazza on the Boulevard, corner Elkhorn Ave and Surfers Paradise Boulevard, Surfers Paradise QLD 4217. 5. Direct the applicants to notify the Chief Executive Officer of the Australian Customs Service of these orders and provide a copy of the orders as entered by 18 September 2008. 6. List the proceedings for directions before Jagot J at 9.30am on 7 October 2008 and vacate the directions hearing on 23 September 2008. 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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