Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Specsavers Pty Ltd v Buyinvite Pty Ltd [2012] FCA 230 Citation: Specsavers Pty Ltd v Buyinvite Pty Ltd [2012] FCA 230
Parties: SPECSAVERS PTY LTD (ACN 097 147 932) v BUYINVITE PTY LTD (ACN 134 648 589) and STEPHEN PATRICK COLES
File number: NSD 389 of 2012
Judge: FOSTER J
Date of judgment: 13 March 2012
Legislation: Australian Consumer Law Federal Court Rules 2011, rr 5.22, 5.23(2)(d) and 10.24
Date of hearing: 13 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 7
Counsel for the Applicant: Mr DB Studdy SC
Solicitor for the Applicant: Minter Ellison
Solicitor for the Respondents: The Respondents did not appear
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 389 of 2012
BETWEEN: SPECSAVERS PTY LTD (ACN 097 147 932)
Applicant
AND: BUYINVITE PTY LTD (ACN 134 648 589)
First Respondent
STEPHEN PATRICK COLES
Second Respondent
JUDGE: FOSTER J DATE OF ORDER: 13 MARCH 2012 WHERE MADE: SYDNEY
THE COURT:
1. GRANTS leave to the applicant to file in Court the affidavit of Elisabeth Ailsa Koster sworn on 13 March 2012, the affidavit of Themis Papas sworn on 12 March 2012 and a copy of the affidavit of Ken Taylor sworn on 12 March 2012, and notes the undertaking to the Court of the applicant by their Senior Counsel to file the original of the affidavit of Ken Taylor with the Registry as soon as is practicable. 2. ORDERS that, pursuant to r 10.24 of the Federal Court Rules 2011, service on the second respondent of the Application and supporting affidavits herein be effected by email to the email addresses: 'reception@buyinvite.com.au' and 'member.relations@buyinvite.com.au'. 3. ORDERS that, for so long as the applicant and its franchisees have the exclusive right to offer for sale in Australia Alex Perry branded spectacle frames or glasses, the first respondent by itself, its officers, employees and agents and otherwise howsoever, be restrained from making the representation '80% off Alex Perry Glasses' or '80% off Alex Perry Frames' or any other representation suggesting that it offers for sale Alex Perry glasses or Alex Perry frames or that information relating to Alex Perry glasses or Alex Perry frames is available at the website 'www.buyinvite.com.au'. 4. ORDERS that the first respondent forthwith take all steps necessary to prevent any Google Adword advertisement placed by the respondents, or either of them, being displayed in response to Google searches containing any of the key words 'Alex Perry' or 'Perry' in conjunction with the words 'glasses' or 'frames' or other words to similar effect. 5. ORDERS that the first respondent pay the applicant's cost of the proceeding to date. 6. ORDERS that the proceeding be adjourned for directions to 9.30 am on 22 March 2012 before Foster J. 7. ORDERS that these orders may be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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