Mur Lura
Court Notices published in Govt. Gazette No. 19,047 of the 11th March 2013
01/01/2013
Bann for Curators
393Republic of Malta
To The Marshall of the Court
By means of a decree by this Court on the 22nd February 2013, following a request of Dr Louis Bianchi noe,it was ordered that Deputy Curators be chosen to represent EURL Iwane Imp Exp, in the records of the Sworn Application number 163/13 MCH, in the names Dr Louis Bianci noe vsDeputy Curators, and in the relative and subsequent acts.
By means of a Sworn Application filed in the First Hall Civil Court, in the names, Advocate Dr Louis Bianchi (I.D. 27347M) as special mandatary of the foreign company LacosteS A of 8. Rue de Castiglione, 75001, Paris, France vs Deputy Curators to represent Eurl Iwane Imp Exp, Lotissement Afak 01 Ain Fakroun, W, Oum El Bouaghi, Algeria, on the 18th February 2013, the applicant Louis Bianchi I.D. 27347M, asked the defendant to state why this Honourable Court should not:
1) Declare that the objects on which there are the marks Lacoste and particular designs of a crocodile–CROCODILE consisting in one thousand six hundred thirty two (1632) T Shirts and which are presently under the Authority of the Comptroller of Customs, after he had suspended the release of the Container Number ECMU 9704271 containing the said articles, contravene the rights of intellectual property of the plaintiff company, as regards its trademarks with the registration numbers mentioned in the application.
2) Order the Comptroler of Customs, to dispose of the said objects outside the channels of Commerce, in such a manner as to preclude any damage to the plaintiff company or order the Comptroller of Customs, to destroy those objects in any case without any compensation to the defendant EURL Iwane Imp Exp Lotissement, AFAK 01 Ain Fakroun W: Oum El Bouaghi, Algeria and at the expense of the defendant.
3) Take or order the Comptroller of Customs to take as regards those objects any other measure that shall have the effect to deprive the defendant of the economic benefits of the transaction.
4) Order that thedefendantis to bear all the expenses in connection with the measures ordered in terms of the second and third demands of the plaintiff including those of transport ofthe said objects for storage in Malta, before their eventual destruction, for the storage itself and the transport from the place of storage till their eventual destruction.
With all costs, against the defendant, from now summoned so that a reference to her evidence be made.
List of Documents.
Applicants: 17/3, Triq Sir Augustus Bartolo, Ta’ Xbiex.
Respondent: 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 Zammit Mckeon, LLD. Doctor of Laws.
Adv. Frank Portelli,LL.D.
For the Registrar, Civil Courts and Tribunals