Nokia Corporation v Millaras (No 2) [2010] FCA 1217

FEDERAL COURT OF AUSTRALIA

Nokia Corporation v Millaras (No 2) [2010] FCA 1217

Citation: Nokia Corporation v Millaras (No 2) [2010] FCA 1217

Parties: NOKIA CORPORATION v RENAE MILLARAS

File number(s): NSD 1352 of 2010

Judge: JAGOT J

Date of judgment: 4 November 2010

Catchwords: TRADE MARKS – interlocutory injunction – prima facie case of infringement – goods seized by Australian Customs Service bearing a mark substantially identical or deceptively similar to the applicant's trademark – injunction restraining Australian Customs from releasing the seized goods to the respondent.

Legislation: Trade Marks Act 1995 (Cth)

Date of hearing: 4 November 2010

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Ms G Rubagotti

Solicitor for the Applicant: Baker & McKenzie Solicitors

Counsel for the Respondent: The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 1352 of 2010

BETWEEN: NOKIA CORPORATION

Applicant

AND: RENAE MILLARAS

Respondent

JUDGE: JAGOT J

DATE OF ORDER: 4 NOVEMBER 2010

WHERE MADE: SYDNEY

On the applicant, through its counsel, giving the usual undertaking as to damages, the Court: 1. Orders that, until further order, pursuant to s. 50 of the Federal Court of Australia Act 1976 (Cth), any publication of confidential exhibit KJT-2 to the affidavit of Kenneth James Taylor sworn 2 November 2010, including publication to the respondent and the Australian Customs Service, is forbidden. 2. Orders that, until further order of the Court, the Chief Executive Officer of the Australian Customs Service be restrained from releasing to the respondent, goods bearing: (a) one or more of: (i) Australian registered trade mark 458364 NOKIA in class 9; and (ii) Australian registered trade mark 867057 NOKIA in class 9, (Registered Trade Marks); or (b) any mark which is substantially identical with or deceptively similar to any one or more of the Registered Trade Marks, which goods are the subject of, and referred to in, the Notification of Seizure to Objector dated 13 September 2010 and marked with the Australian Customs Service file number 2010/042036 (Seized Goods). 3. Orders that, until further order of the Court, the respondent, by herself, her servants, her agents or otherwise, be restrained from collecting the Seized Goods from the Australian Customs Service. 4. Orders that, until further order of the Court, the respondent, by herself, her servants her agents or otherwise, be restrained from: (a) manufacturing; (b) importing; (c) causing or procuring the manufacture or importation of; (d) selling or offering or exposing for sale; (e) advertising or promoting; or (f) otherwise providing, goods bearing one or more of: (i) the Registered Trade Marks, or (ii) any mark which is substantially identical with or deceptively similar to any one or more of the Registered Trade Marks. 5. Directs that these orders be entered ex parte and forthwith. 6. Directs the applicant to notify the respondent of these orders and the date of the next directions hearing by sending an email attaching a copy of the orders as entered to the email addresses the subject of order 3 of the Court made 25 October 2010 by 4pm today. 7. Directs the applicant to notify the Chief Executive Officer of the Australian Customs Service of these orders and provide a copy of the orders as entered by 4pm today. 8. Orders that the respondent pay the applicant's costs of and incidental to the application today, and costs of and incidental to the application made on 25 October 2010, as agreed or taxed. 9. List the proceedings for directions before Jagot J at 9.30 am on 18 November 2010.