Chanel Limited v Donoghue [2008] FCA 1643

FEDERAL COURT OF AUSTRALIA

Chanel Limited v Donoghue [2008] FCA 1643

CHANEL LIMITED v PETER DONOGHUE

VID 722 of 2008

GORDON J

31 OCTOBER 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 722 of 2008

BETWEEN: CHANEL LIMITED

Applicant

AND: PETER DONOGHUE

Respondent

JUDGE: GORDON J DATE OF ORDER: 31 OCTOBER 2008

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT:

1. By his importation into Australia on or before 4 August 2008 of 92 pairs of sunglasses each bearing one or more of the following Australian registered Trade Marks: 1. Australian Registered Trade Mark No. 281276 for CHANEL in class 16; 2. Australian Registered Trade Mark No. 525736 for CHANEL in class 9; 3. Australian Registered Trade Mark No. 525737 for: in class 9; 4. Australian Registered Trade Mark No. 852545 for CHANEL in classes 9, 21 and 28; 5. Australian Registered Trade Mark No. 852546 for: in classes 9, 21 and 28; and 6. Australian Registered Trade Mark No. 1011606 for: in classes 3, 9 and 14, (together referred to as the "Chanel Trade Marks") without the licence or authority of the Applicant, the Respondent has infringed the Chanel 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 howsoever, from infringing any of the Chanel Trade Marks and in particular from using the Chanel 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 Chanel Trade Marks in the course of trade on or in relation to: (a) any of the goods in respect of which the Chanel Trade Marks are registered ("the Chanel registered goods"); (b) goods of the same description as any of the Chanel registered goods; (c) services that are closely related to any of the Chanel registered goods not manufactured or provided by or under the licence or authority of the Applicant or otherwise procuring or inducing any other person to do any of the acts specified in this order. 3. The goods seized by the Australian Customs Service ("Customs") 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 4 August 2008 and bearing the Customs reference number 2008/024047 sent to the Applicant's agent 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 Customs 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. IN THE FEDERAL COURT OF AUSTRALIA