Bob Jane Corporation Pty Ltd v Bob Jane Global Tyres Corporation (Australia) Pty Ltd [2011] FCA 739

JUDGE: NORTH J DATE OF ORDER: 9 JUNE 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondents (and each of them) be restrained from, whether by themselves or by their servants or agents of howsoever otherwise, selling, supplying or offering for sale or supply or advertising or promoting for sale or supply, in Australia: (a) tyres for motor vehicles; (b) wheels for motor vehicles; (c) batteries for motor vehicles; (d) accessories for auto motive vehicle parts (including tyres and wheels); (e) services relating to the installation and fitting of vehicle wheels, tyres, batteries and other vehicle parts and fittings; bearing or under or by reference to the following marks (or any of them): (a) the mark "BOB JANE" (b) the mark "BOB JANE GLOBAL"; (c) the BOB JANE device, further and alternatively a mark substantially identical with or deceptively similar to the BOB JANE device, or bearing or under or by reference to any other trade mark that is substantially identical with or deceptively similar to either of the applicant's trade marks, being: (a) trade mark No. 929097 for the mark "BOB JANE", (b) trade mark No. 919561 for the mark "BOB JANE T-MARTS" and device, until the hearing and determination of the proceeding or until further order of the Court. 2. The respondent pays the applicant's costs of the motion. THE COURT DIRECTS THAT: 3. By 16 June 2011 the respondents file and serve their defences. 4. By 23 June 2011 the applicant files and serves its reply. 5. By 7 July 2011 the parties file and serve affidavits of documents and make available for inspection the documents recordered therein. 6. The directions hearing fixed for 24 June 2011 be vacated. 7. The directions hearing is adjourned to 1 August 2011 before Justice North. 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.