JLCS Pty Ltd v Squires Loft City Steakhouse Pty Ltd (No 2) [2009] FCA 8

FEDERAL COURT OF AUSTRALIA

JLCS Pty Ltd v Squires Loft City Steakhouse Pty Ltd (No 2) [2009] FCA 8 CONTEMPT OF COURT – injunction preventing the use of a trademark – steps taken to avoid injunction – whether it is appropriate to seek a further injunction or move for contempt – further injunction granted Elliott v Klinger [1967] 1 WLR 1165 JLCS Pty Ltd v Squires Loft City Steakhouse Pty Ltd [2008] FCA 867 Massad v Schwarz Family Co Pty Limited (Unreported, Supreme Court of New South Wales, Young J, 31 May 1985) Miller v JLCS Pty Ltd (2007) 158 FCR 1

JLCS PTY LTD v SQUIRES LOFT CITY STEAKHOUSE PTY LTD

VID 1220 of 2007

FINKELSTEIN J

12 JANUARY 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1220 of 2007

BETWEEN: JLCS PTY LTD

Applicant

AND: SQUIRES LOFT CITY STEAKHOUSE PTY LTD

Respondent

AND BETWEEN: SQUIRES LOFT CITY STEAKHOUSE PTY LTD,

SAUL MILLER and

HAROLD MILLER

Cross-Claimants

AND: JLCS PTY LTD,

CITY GRILL ROOM PTY LTD,

LIONEL DAVID MILLER and

JOEL MARTIN DISTILLER

Cross-Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 23 DECEMBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Each cross-respondent (other than City Grill Room Pty Ltd) hereby is restrained from using or permitting the use (including the use on any internet site) of the trade mark "Squires Loft" to promote the business known as the City Grill Room restaurant or The Grill Room City Steak House which is located at 535 Little Lonsdale Street, Melbourne. 2. The cross-respondents (other than City Grill Room Pty Ltd) pay the cross-claimants taxed costs of the application for the injunction.

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