Disney Enterprises, Inc v Australian Exim Company Pty Ltd [2009] FCA 719

FEDERAL COURT OF AUSTRALIA

Disney Enterprises, Inc v Australian Exim Company Pty Ltd [2009] FCA 719

DISNEY ENTERPRISES, INC. and THE WALT DISNEY COMPANY (AUSTRALIA) PTY LIMITED (ACN 003 471 029) v AUSTRALIAN EXIM COMPANY PTY LTD (ACN 093 674 072), RAJESH JAVERI and NELIA SERRANO

NSD 574 of 2009

GRAHAM J

2 JULY 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

gENERAL DIVISION NSD 574 of 2009

BETWEEN: DISNEY ENTERPRISES, INC.

First Applicant

THE WALT DISNEY COMPANY (AUSTRALIA) PTY LIMITED (ACN 003 471 029)

Second Applicant

AND: AUSTRALIAN EXIM COMPANY PTY LTD (ACN 093 674 072)

First Respondent

RAJESH JAVERI

Second Respondent

NELIA SERRANO

Third Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 2 JULY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 137(5) of the Trade Marks Act 1995 (Cth), that the 53 lunch boxes, 216 tracksuits, 19 cushions and 162 T-Shirts, seized by the Australians Customs Service on 27 May 2009, not be released by the Chief Executive Officer of the Australian Customs Service to the first respondent. 2. Pursuant to s 135AF(3)(b) of the Copyright Act 1968 (Cth), that the 54 tracksuits described as "Hannah Montana" items and 108 lunch boxes and 164 t-shirts described as "High School Musical" items, seized by the Australians Customs Service on 27 May 2009, not be released by the Chief Executive Officer of the Australian Customs Service to the first respondent. 3. That the applicants notify the respondents of these orders and the reasons for judgment delivered on 2 July 2009 by sending a copy of the orders as entered and a transcript of the reasons for judgment by prepaid post to each of the respondents at the addresses given in the application filed 16 June 2009. 4. That the applicants notify the Chief Executive Officer of the Australian Customs Service of these orders by facsimile or other electronic means no later than 5 July 2009 and subsequently provide a copy of the transcript of the reasons for judgment delivered on 2 July 2009 and the orders as entered as soon as those documents become available to the applicants' solicitors. 5. That the question of costs of the application on 2 July 2009 be reserved. 6. That the matter stand over to 29 July 2009 at 9:30 am before the Docket Judge. 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