Jemella Australia Pty Ltd v Bouobeid (No 2) [2010] FCA 365

FEDERAL COURT OF AUSTRALIA

Jemella Australia Pty Ltd v Bouobeid (No 2) [2010] FCA 365 Citation: Jemella Australia Pty Ltd v Bouobeid (No 2) [2010] FCA 365

Parties: JEMELLA AUSTRALIA PTY LTD v MOHAMAD BOUOBEID and JEMELLA GROUP LIMITED

File number: QUD 285 of 2009

Judge: COLLIER J

Date of judgment: 14 April 2010

Date of hearing: 14 April 2010

Place: Brisbane

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 14

Solicitor for the Applicant: Ms B Nguyen of McInnes Wilson

Solicitor for the First and Second Respondents: The First and Second Respondents did not appear

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION QUD 285 of 2009

BETWEEN: JEMELLA AUSTRALIA PTY LTD

Applicant

AND: MOHAMAD BOUOBEID

First Respondent

JEMELLA GROUP LIMITED

Second Respondent

JUDGE: COLLIER J

DATE OF ORDER: 14 APRIL 2010

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Judgment in default, pursuant to order 35A rule 2(2)(a) to (d) and rule (3)(2)(c) and (d) of the Federal Court Rules, be entered as against the first respondent in favour of the applicant on the following terms: (a) the first respondent be restrained pursuant to section 126 of the Trade Marks Act 1995 (Cth), whether by himself, his servants, agents or otherwise howsoever, from importing, promoting, distributing, 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"; (b) the first respondent deliver up to the applicant or its nominated agent for the destruction, all counterfeit hairstyling products bearing the marking "ghd hairstyling iron", "ghd styler" or "ghd" whatsoever in the possession, power or control of the first respondent and within 21 days of service of this order upon him, swear and file an affidavit deposing to the fact of such delivery; (c) the consignment consisting of 10 hairstyling products described as "hair stylers and packaging bearing a sign that is substantially identical or deceptively similar to a trademark notified by Jemella Australia Pty Ltd", addressed to the first respondent and seized by the Australian Customs Service pursuant to section 133 of the Trade Marks Act on 30 December 2008, which goods are referred to in the notice of seizure to objector dated 30 December 2008 reference N0089236, be forfeited to the Commonwealth; (d) the first respondent pay to the applicant damages in the amount of $10 for the first respondent's infringement of registered trade mark No 951664 being the letters "ghd". 2. The first respondent pay the applicant's costs of and incidental to these proceedings, including all reserved costs and the costs of this motion, fixed in the amount of $8,500.