Jemella Australia Pty Ltd v Steffensen [2009] FCA 293

FEDERAL COURT OF AUSTRALIA

Jemella Australia Pty Ltd v Steffensen [2009] FCA 293

Trade Marks Act 1995 (Cth) ss 135, 136, 137 JEMELLA AUSTRALIA PTY LTD ACN 104 455 138 v BERNADETTE STEFFENSEN and JEMELLA LIMITED

QUD38 of 2009

LOGAN J

2 MARCH 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD38 of 2009

BETWEEN: JEMELLA AUSTRALIA PTY LTD ACN 104 455 138

Applicant

AND: BERNADETTE STEFFENSEN

First Respondent

JEMELLA LIMITED

Second Respondent

JUDGE: LOGAN J

DATE OF ORDER: 2 MARCH 2009

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Pending the hearing and determination of this proceeding, the Chief Executive Officer of the Australian Customs Service is not to release the goods the subject of the notice of seizure dated 30 December 2008. 2. The application for interlocutory injunctive relief is dismissed. 3. Costs in respect of the application for interlocutory injunctive relief are reserved, pending the receipt of written submissions from the parties. 4. The First Respondent is to file and serve on the Applicant such written submissions, if any, as she proposes to make in respect of the costs of the application for interlocutory injunctive relief on or before 4:00pm on 9 March 2009. 5. The Applicant is to file and serve such written submissions, if any, as it proposes to rely upon, in respect of costs for the application for interlocutory injunctive relief, on or before Friday 13 March 2009. 6. The District Registrar is to notify the First Respondent by prepaid letter post of the orders made today. 7. The matter is adjourned for directions to Friday 20 March 2009 at 9:30am. 8. Costs are reserved. 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