First National Group of Independent Real Estate Agents Ltd v Elyod Investments Pty Ltd (No. 2) [2008] FCA 1471

FEDERAL COURT OF AUSTRALIA

First National Group of Independent Real Estate Agents Ltd v Elyod Investments Pty Ltd (No. 2) [2008] FCA 1471

FIRST NATIONAL GROUP OF INDEPENDENT REAL ESTATE AGENTS LTD (ACN 005 942 192) v ELYOD INVESTMENTS PTY LTD (ACN 124 432 471), PATRICK JOSEPH DOYLE and ANDREW BRENDAN DOYLE

VID 175 of 2008

JESSUP J

7 OCTOBER 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 175 of 2008

BETWEEN: FIRST NATIONAL GROUP OF INDEPENDENT REAL ESTATE AGENTS LTD (ACN 005 942 192)

Applicant

AND: ELYOD INVESTMENTS PTY LTD (ACN 124 432 471)

First Respondent

PATRICK JOSEPH DOYLE

Second Respondent

ANDREW BRENDAN DOYLE

Third Respondent

JUDGE: JESSUP J DATE OF ORDER: 7 OCTOBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. A fine of $2,000 be imposed on the first respondent for its contempt of court by failing to comply with orders made by the court on 26 May 2008 in the following respects: 1. in breach of order 1 made that day, by failing to file, by 4.00 pm on 26 May 2008, a withdrawal of trade mark application No. 1214112 for "First National Business Brokers" listed on the Australian Trade Marks Register; 2. in breach of order 2 made that day, by failing to withdraw, by 4.00 pm on 26 May 2008, the registration of – (a) the Queensland business name "First National Business Brokers (BN20211545)" registered with the Queensland Office of Fair Trading; and (b) the New South Wales business name "First National Business Brokers (BN98331686)" registered with the New South Wales Department of Fair Trading; 3. in breach of order 3 made that day, by continuing to use, in the course of trade and commerce and in connection with the first respondent's business, as a trade mark the words "First National Real Estate" to promote, market and provide real estate agents' services; 4. in breach of order 4 made that day, by – 1. continuing to represent on the first respondent's website that the first respondent's business was sponsored, approved or authorised by the applicant to use the trade mark No. 565933; 2. continuing to represent on the first respondent's website in trade and commerce and in the course of the first respondent's business and in connection with the supply or possible supply of real estate agents' services and business broking services that the first respondent's business or services had the sponsorship or approval of the applicant; 3. continuing to represent on the first respondent's website in trade and commerce that the first, second and third respondents had the sponsorship or approval of, or were affiliated with, the applicant; 4. passing off, or enabling to be passed off, the first respondent's business and/or the service offered by it as a business or service of, or sponsored or approved by, or associated or connected with, the applicant or the applicant's business. 2. The first respondent pay the said fine to the Registrar on or before 31 October 2008.