Intel Corporation v Genovesi Enterprises Pty Ltd

Intel Corporation v Genovesi Enterprises Pty Ltd [2001] FCA 747

Intel Corporation v Genovesi Enterprises Pty Ltd [2001] FCA 747

INTEL CORPORATION & ANOR v GENOVESI ENTERPRISES PTY LIMITED
(ACN 074 529 589) (trading as INTEL FINANCIAL SERVICES) & ANOR

N 1256 OF 2000

LINDGREN J

13 JUNE 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1256 OF 2000

BETWEEN:

INTEL CORPORATION

FIRST APPLICANT

INTEL AUSTRALIA PTY LIMITED (ACN 001 798 214)

SECOND APPLICANT

AND:

GENOVESI ENTERPRISES PTY LIMITED (ACN 074 529 589) (trading as INTEL FINANCIAL SERVICES)

FIRST RESPONDENT

GIANFRANCO JOSEPH GENOVESI

SECOND RESPONDENT

JUDGE:

LINDGREN J

DATE OF ORDER:

13 JUNE 2001

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.       The first respondent, whether by its servants, agents or otherwise, be permanently restrained from advertising, promoting, selling, offering to sell, supplying or offering to supply or distributing any goods or services under or by reference to any name or mark which incorporates the word INTEL or any other name or mark substantially identical with or deceptively similar to the word INTEL.

2.       The first and second respondents, whether by their servants, agents or otherwise, be restrained from authorising or procuring or being in any way directly or indirectly a party to or concerned in the conduct restrained by Order 1 above.

3.       The respondents take all necessary steps to execute all necessary documents to change the business name used by the first respondent to a name that does not include the word INTEL or a name that is substantially identical with or deceptively similar to the word INTEL, and to notify the Ministry of Fair Trading (WA) of the first respondent's change of business name within seven days of the date of this order.

4.       The respondents pay the applicants' costs.

Note:       Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1256 OF 2000

BETWEEN:

INTEL CORPORATION

FIRST APPLICANT

INTEL AUSTRALIA PTY LIMITED (ACN 001 798 214)

SECOND APPLICANT

AND:

GENOVESI ENTERPRISES PTY LIMITED (ACN 074 529 589) (trading as INTEL FINANCIAL SERVICES)

FIRST RESPONDENT

GIANFRANCO JOSEPH GENOVESI

SECOND RESPONDENT

JUDGE:	LINDGREN J
DATE:	13 JUNE 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1       The applicants move on a notice of motion filed on 21 May 2001 for certain orders which, in fact, I propose to make. The evidence establishes that the notice of motion and supporting affidavits were served on the respondents on 23 May 2001. Neither respondent, although called outside the Court today, has appeared.

2       The applicants move under Order 10 rule 7, or, alternatively, Order 20 rule 1 of the Federal Court Rules for the relief identified in pars 1, 2 and 3 of the application by which the proceeding was commenced on 22 November 2000.

3       Order 10 rule 7 provides, relevantly, that:

"(1) Where a party fails to comply with an order of the Court directing that party…