Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ariix LLC v Mahilall (No 2) [2014] FCA 494 Citation: Ariix LLC v Mahilall (No 2) [2014] FCA 494
Parties: ARIIX LLC v DHANEEL MAHILALL
File number: NSD 1370 of 2013
Judge: RARES J
Date of judgment: 4 April 2014
Date of final orders: 16 April 2014
Cases cited: Ariix LLC v Mahilall [2014] FCA 429 referred to Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 applied Hamod v The State of New South Wales [2011] NSWCA 375 applied Sony Entertainment (Australia) Limited v Smith (2005) 215 ALR 788 referred to Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 referred to
Date of hearing: 4 April 2014
Date of last submissions: 8 April 2014
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 15
Counsel for the Applicant: Ms K Morgan
Solicitor for the Applicant: Henry Davis York
Counsel for the Respondent: The respondent appeared in person
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1370 of 2013
BETWEEN: ARIIX LLC
Applicant
AND: DHANEEL MAHILALL
Respondent
JUDGE: RARES J DATE OF ORDER: 16 APRIL 2014 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondent by himself, his servants and agents be restrained from using or causing to be used as part of a domain name the "Ariix" name or any other name, word or mark substantially identical with or misleadingly, deceptively or confusingly similar thereto. 2. The respondent, by himself, his servants and agents be restrained from using or causing to be used any email address using in part the name "Ariix", including "@ariixcorporate.com" or any other name, word or mark substantially identical with or misleadingly, deceptively or confusingly similar thereto. 3. The respondent, by himself, his servants and agents be restrained from attempting to intimidate or extort the applicant. 4. The respondent, by himself, his servants and agents be restrained from causing to be made public (including via the internet) any false or misleading statement, commentary or video concerning the applicant. 5. The respondent, by himself, his servants and agents be restrained from causing to be made public (including via the internet) any false or misleading statement, commentary or video concerning any person insofar as that statement, commentary or video refers to or associates that person with the applicant. 6. The respondent, by himself, his servants and agents be restrained from emailing, messaging or telephoning any false or misleading statement to any person (excluding any lawyer advising or representing the respondent) concerning the applicant. 7. On or before 24 April 2014, the applicant provide the respondent with the Domain Transfer of Ownership form for the respondent to sign in order to assign to the applicant all legal and equitable rights the respondent holds to the domain name 'www.ariixcorporate.com' and email addresses using "@ariixcorporate.com". 8. The respondent, within 7 days of being provided with the Domain Transfer of Ownership form pursuant to order 7, sign that document and provide the original document so signed to the applicant. 9. The respondent sign, and provide to the applicant the original document so signed, any other documents within 7 days of the same being provided to him by the applicant that become necessary or are required by the Registrar of the domain name 'www.ariixcorporate.com' and email addresses using "@ariixcorporate.com" for the applicant to be assigned all legal and equitable rights that the respondent holds to that domain name and email addresses. 10. Pursuant to rule 41.09(1) of the Federal Court Rules 2011 (Cth), if the respondent does not comply with order 8 or order 9, a Registrar of the Court sign the Domain Transfer of Ownership form provided to the respondent pursuant to order 7, and any other document provided to the respondent pursuant to order 9. 11. The respondent pay the applicant damages in the amount of $20,000.00. 12. The respondent pay the applicant's costs of these proceedings, including the applicant's costs of the Urgent Application before Start of Proceedings, on an indemnity basis. 13. Pursuant to Rule 40.02(b) of the Federal Court Rules 2011, the costs payable by the respondent to the applicant pursuant to order 12 be fixed in the amount of $140,000.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1370 of 2013
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