Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jemella Australia Pty Ltd v Steffensen (No 2) [2009] FCA 296
Trade Marks Act 1995 (Cth) JEMELLA AUSTRALIA PTY LTD ACN 104 455 138 v BERNADETTE STEFFENSEN and JEMELLA LIMITED
QUD38 of 2009
LOGAN J
20 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: 20 MARCH 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The First Respondent be permanently restrained pursuant to s 126 of the Trade Marks Act 1995 (Cth), whether by itself, its servants, agents or otherwise howsoever from importing, promoting, distribution, advertising, offering for sale, displaying or otherwise using, counterfeit hairstyling products bearing the marking "ghd hairstyling iron", "ghd styler", or "ghd" or otherwise infringing Registered Trade Mark No 951 664, being the letters "GHD". 2. The goods the subject of paragraph 2 of the claim for interlocutory relief in the application in proceedings QUD 38 of 2009 be forfeited to the Commonwealth of Australia by consent. 3. Damages for trade mark infringement in the amount of $1.00. 4. The First Respondent pay the Applicant's costs of the proceedings in the amount of $8,000. 5. There be no further order in this proceeding otherwise be dismissed. 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
QUEENSLAND DISTRICT REGISTRY QUD38 of 2009
BETWEEN: JEMELLA AUSTRALIA PTY LTD ACN 104 455 138
Applicant
AND: BERNADETTE STEFFENSEN
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