AAA Embroidery & Screen Printing Pty Ltd v John Dan & Ors [2006] FCA 1846

AAA Embroidery & Screen Printing Pty Ltd v John Dan & Ors [2006] FCA 1846

Although the applicant established an extremely strong prima facie case because the pictures on the t-shirts being sold appeared identical with those commissioned by the applicant, the applicant did not establish very serious damage requiring urgent remedial action or any real possibility that the respondents would destroy material before an inter partes application could be made. The search orders were therefore not appropriate on an ex parte basis.

Jurisdiction
Australia
Judgment Date
13 December 2006
Procedural Posture
Application for Search Orders in Copyright and Intellectual Property Proceeding / Ex Parte Interlocutory Application
Outcome
Ex parte application dismissed.
Legal Topics
['search Order' 'anton Piller Order' 'ex Parte Relief' 'copyright Infringement' 'prima Facie Case' 'destruction of Evidence']
['practice and Procedure' 'copyright' 'intellectual Property'] ['search Order' 'anton Piller Order' 'ex Parte Relief' 'copyright Infringement' 'prima Facie Case' 'destruction of Evidence']

Case Brief

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Procedural Posture

Application for Search Orders in Copyright and Intellectual Property Proceeding / Ex Parte Interlocutory Application

Legal Issues

  1. 1 ['Whether the applicant had an extremely strong prima facie case that the respondents were selling t-shirts bearing pictures exclusively licensed to the applicant.' 'Whether the damage, potential or actual, was very serious for the applicant.' 'Whether there was clear evidence that the respondents possessed incriminating documents or things and a real possibility that they might destroy such material before an inter partes application could be made.' 'Whether it was appropriate to make search orders on an ex parte basis.']

Ratio Decidendi

Although the applicant established an extremely strong prima facie case because the pictures on the t-shirts being sold appeared identical with those commissioned by the applicant, the applicant did not establish very serious damage requiring urgent remedial action or any real possibility that the respondents would destroy material before an inter partes application could be made. The search orders were therefore not appropriate on an ex parte basis.

Court Disposition

Ex parte application dismissed.

Orders

  • ['Application dismissed' 'Leave granted to the applicant to file in Court its amended application and amended Statement of Claim both dated 11 December 2006']