Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd [2011] FCA 342 Citation: Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd [2011] FCA 342
Parties: EDGETEC INTERNATIONAL PTY LTD ACN 010 728 784 v ZIPPYKERB (NSW) PTY LTD ACN 109 959 337
File number: QUD 55 of 2011
Judge: REEVES J
Date of judgment: 30 March 2011
Date of hearing: 30 March 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 5
Counsel for the Applicant: Mr D Chesterman
Solicitor for the Applicant: Redchip Lawyers
Counsel for the Respondent: The Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 55 of 2011
BETWEEN: EDGETEC INTERNATIONAL PTY LTD ACN 010 728 784
Applicant
AND: ZIPPYKERB (NSW) PTY LTD ACN 109 959 337
Respondent
JUDGE: REEVES J DATE OF ORDER: 30 MARCH 2011 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. UPON THE UNDERTAKING given by the applicant, through its counsel, as to damages AND UNTIL FURTHER ORDER the respondent by itself, its servants, or agents, or otherwise, howsoever, be restrained from infringing Australian Registered Trademarks numbered 620691, 620692, 477062, 590521, and 590520, collectively referred to as the Australian Registered Trademarks, and in particular, from using the Australian Registered Trademarks or any substantially identical or deceptively similar mark thereto in the course of trade in relation to: (a) goods in respect of which the Australian Registered Trademarks are registered; (b) services that are closely related to those registered goods; and (c) services in respect of which the Australian Registered Trademarks are registered, or (d) goods that are closely related to such registered services. 2. Liberty be reserved to both parties to apply on two days written notice to the other party. 3. The respondent pay the applicant's costs of and incidental to this application. 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 Federal Law Search on the Court's website.
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