Disney Enterprises, Inc v Australian Exim Company Pty Ltd [2009] FCA 719

Disney Enterprises, Inc v Australian Exim Company Pty Ltd [2009] FCA 719

Applicants timely instituted proceedings regarding the 'Hannah Montana' trade mark and certain copyright claims, complying with statutory timeframes. The court exercised its discretion to make orders preventing release of specifically identified goods seized under valid notices. Proceedings for other goods were not commenced within required period; no order granted for those.

Jurisdiction
Australia
Judgment Date
02 July 2009
Procedural Posture
Intellectual Property Infringement / Interlocutory Orders
Outcome
Interlocutory orders preventing release of specified goods; costs reserved; matter stood over.
Legal Topics
['trade Mark Infringement' 'copyright Infringement' 'seizure of Goods' 'extension of Time for Commencement of Proceedings']
['intellectual Property' 'trade Marks' 'copyright'] ['trade Mark Infringement' 'copyright Infringement' 'seizure of Goods' 'extension of Time for Commencement of Proceedings']

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Procedural Posture

Intellectual Property Infringement / Interlocutory Orders

Legal Issues

  1. 1 ["Whether goods seized by Customs infringed the 'Hannah Montana' trade mark" "Whether goods seized by Customs infringed copyright in artistic works relating to 'High School Musical' and 'Hannah Montana'" 'Whether applicants complied with statutory timeframes for commencing proceedings' 'Whether orders preventing release of goods should be made']

Ratio Decidendi

Applicants timely instituted proceedings regarding the 'Hannah Montana' trade mark and certain copyright claims, complying with statutory timeframes. The court exercised its discretion to make orders preventing release of specifically identified goods seized under valid notices. Proceedings for other goods were not commenced within required period; no order granted for those.

Court Disposition

Interlocutory orders preventing release of specified goods; costs reserved; matter stood over.

Orders

  • ['53 lunch boxes, 216 tracksuits, 19 cushions and 162 T-Shirts seized by Customs not to be released to first respondent (Trade Marks Act s 137(5))' "54 tracksuits ('Hannah Montana'), 108 lunch boxes and 164 T-shirts ('High School Musical'), seized by Customs not to be released to first respondent (Copyright Act s...