Article: Mickey Mouse Gets The Gloves Off.(Disney Enterprises, Inc v Sondavid Pty Ltd)

In Disney Enterprises, Inc v Sondavid Pty Ltd FCA 1394 [2008](11 September 2008), Disney sought an order pursuant to s 137(5) of the Trade Marks Act 1995 (Cth) (Act) to restrain the Customs CEO (until further order) from releasing certain goods seized by the Australian Customs Service (notified to Disney on 18 July 2008). Section 137 of the Act is within the date-driven Pt 13 scheme, the object of which is to "protect registered trade marks by making provision allowing the Customs CEO to seize and deal with goods that are imported into Australia if the importation infringes, or appears to infringe, a registered trade mark".

Disney is the registered owner in ...

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