Rolls-Royce Motors Ltd v DIA (Engineering) Pty Ltd

Upon the applicants by their counsel giving the usual undertaking as to damages,

THE COURT ORDERS THAT:

1.

The respondent by itself, its servants and agents, be restrained until the hearing of the proceeding or further order, from advertising, promoting, displaying, offering for sale, selling or otherwise, in trade or commerce, dealing with, both at the 1981 International Melbourne Motor Show and elsewhere in Australia, any motor vehicle being a motor vehicle meeting any one or more of the following descriptions:

(a) a motor vehicle having a radiator grille a representation of which grille is shown on the motor vehicle depicted in exhibit "C" in these proceedings; or

(b) a motor vehicle having a radiator grille colourably different from that representation; or

(c) a motor vehicle bearing or embodying the registered trademark numbers A245413, A293855, A288879 and A288871 (hereinafter collectively called "the trademarks") or any trademarks substantially identical with or deceptively similar to any of the trademarks; or

(d) a motor vehicle under the name of "Phantom" or any name substantially identical with or deceptively similar thereto.

2. The applicants secure the undertaking as to damages in a form and an amount to be determined by the Court failing agreement being reached between the parties.

3. Liberty be reserved to all parties to apply on the question of that security or on any other question arising in the working out of these orders on two days' notice.

4. Costs of this application, including all reserved costs, be costs in the proceeding.

Orders accordingly.