Australian Swimming Coaches and Teachers Association Limited v Aussie Aquatics Pty Ltd [2016] FCA 316

FEDERAL COURT OF AUSTRALIA

Australian Swimming Coaches and Teachers Association Limited v Aussie Aquatics Pty Ltd [2016] FCA 316 File number: NSD 275 of 2016

Judge: NICHOLAS J

Date of judgment: 1 April 2016

Catchwords: PRACTICE AND PROCEDURE – whether interlocutory injunctions should be granted pending trial of proceeding – whether orders requiring delivery up should be made

Cases cited: Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 Warner-Lambert Co LLC v Apotex Pty Ltd (2014) 106 IPR 218

Date of hearing: 29 March 2016

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Category: Catchwords

Number of paragraphs: 54

Counsel for the Applicant: Mr BF Katekar with Mr GP Gee

Solicitor for the Applicant: Bartier Perry

Counsel for the Respondents: Mr P Jammy

Solicitor for the Respondents: HWL Ebsworth Lawyers

ORDERS NSD 275 of 2016

BETWEEN: AUSTRALIAN SWIMMING COACHES AND TEACHERS ASSOCIATION LIMITED (ACN 135 046 605) Applicant

AND: AUSSIE AQUATICS PTY LTD (ACN 094 188 333) First Respondent

ROSS DAVID GAGE Second Respondent

JUDGE: NICHOLAS J DATE OF ORDER: 1 April 2016

THE COURT ORDERS THAT: 1. Upon the applicant giving to the Court the usual undertaking as to damages: Until the determination of this proceeding or further order, the respondent is restrained, by its servants, agents or otherwise, from using, in trade or commerce, any of the logos depicted in the Schedule to these orders or any other logo that is deceptively similar to any such logo. 2. The second respondent is to file and serve by 4pm, 8 April 2016 an affidavit made by him annexing a complete list of all swim schools that were registered with the first respondent as at 17 December 2015. 3. The application for interlocutory relief is otherwise dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.