Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rewaco Pty Ltd v Touroz Trikes Pty Ltd [2011] FCA 754 Citation: Rewaco Pty Ltd v Touroz Trikes Pty Ltd [2011] FCA 754
Parties: REWACO PTY LTD (ACN 101 553 351) v TOUROZ TRIKES PTY LTD (ACN 134 784 491), MARTINUS MARIA KROPMAN, ANNA MARIA LAMBERTA KROPMAN, REWACO SPEZIALFAHRZEUGE GMBH and HARALD SCHMITZ
File number: QUD 137 of 2011
Judge: COLLIER J
Date of judgment: 5 July 2011
Catchwords: TRADE MARKS – Injunctions – application for interlocutory relief in respect of alleged trade mark infringement – goods seized by Customs – whether order should be made restraining CEO of Customs from releasing goods – whether goods should be released following removal of all references to trade mark – principles in Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – usual undertaking as to damages by applicant for interlocutory relief – fourth and fifth respondents in Germany and not served – whether orders should be made ex parte against fourth and fifth respondents
Legislation: Telecommunications Act 1997 (Cth) The Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) s 18 Trade Marks Act 1995 (Cth) ss 20, 120(1),126(a), 133, 137 Federal Court Rules O 4 r 14(2)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Chanel Limited v Kim [2007] FCA 2076 cited In the application of the ACT Civil Administrative Tribunal v Abbey and Mack [2010] ACTSC 140 cited Jemella Australia Pty Ltd v Bouobeid [2009] FCA 1567 cited Kerridge v Foley (1968) 70 SR (NSW) 251 cited Kirklees Borough Council v Wickes Building Supplies Ltd [1991] 4 All ER 240 cited National Australia Bank Ltd v Bond Brewing Holdings Ltd (1990) 169 CLR 271 cited The City Finance Company Ltd v Matthew Harvey & Company Ltd [1915] 21 CLR 55 cited Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 cited Westrac Equipment Pty Ltd v Gendredge (Australia) Pty Ltd [2002] WASC 215 cited
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