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Court Notices published in Govt. Gazette No. 19,076 of the 17th April
Bann for Curators
629Republic of Malta
To The Marshall of the Court.
By means of a decree by this Court, on the 26th March 2013, following a request of Adv. Peter Fenech noe, it was ordered that Deputy Curators be chosen to represent Al Manhal Company, in the records of the Sworn Application number 270/13 MCH, in the names ‘Adv. Peter Fenech noe vs Deputy Curators, and in the relative and subsequent acts.
By means of a Sworn Application filed in the First Hall Civil Court in the names Adv. Peter Fenech as special mandatary of the foreign company Kyocera Document Solutions Europe B.V. vs Deputy Curators to represent the absent consegnetary Al Manhal Company of Trippoli, Libya, on the 21st March 2013, the applicant Adv. Peter Fenech as special mandatary of the foreign company Kyocera Document Solutions Europe B.V. respectfully pleaded and asked this Honourable Court so that:
1. It declares that the objects consisting in toner cartridges on which there is the word ‘KYOCERA’ and which are presently under the authority of the Comptroller of Customs, after he suspended the release of the container with number INBU 3655227 containing the said cartridges are counterfeit according to Articles 2(1) (a) and (b) of Cap. 414 of the Laws of Malta and contravene the rights of intellectual property of the applicant company in regard to (a) community trademark ‘Kyocera’ registration number 001463496.
2. Order the Comptroller of Customs to dispose of the said cartridges outside the chanels of commerce in such a manner as to preclude any damage to the applicant company, in any case without compensation to and at the expense of the respondents.
3. Order that the respondents are to bear all the expenses connected with the measures ordered interms of the second and third demands of the applicant company, including those of transport of the said cartridgesfor storage in Malta, before the eventual desteruction, as well from the place of storage till the eventual destruction.
With costs, againstthe respondents, from now summoned so that a reference to their evidence be made.
Applicants: 36, Archbishop Street, Valletta.
Deputy Curators: Courts of Justice, Valletta.
You are therefore ordered to affix an official copy of this bann at the entrance of this Superior Court and to summon whosoever wishes to act as curator to appear before this Registry within six days and by means of a minute to submit a declaration that he wishes so to act.
You are also ordered to inform each one that if he fails to make this declaration within the stipulated time, the Court will proceed to the selection of Curators of Office.
And after so acting or if you should encounter any difficulty in the execution of this bann, you are to inform forthwith this Court.
Given by the Civil Court First Hall,above mentioned,with the witness of the Hon. Mr. Justice Joseph R. Micallef, LL.D. Doctor of Laws.
Adv. Frank Portelli, LL.D.
For the Registrar, Civil Courts and Tribunals