Court Notices published in Govt. Gazette No. 19,341 of 7 November 2014

By means of a decree given by Courts of Magistrates (Malta), on the 19th May, 2014, in the records of the judicial letter number 615/14, in the names Grand Hotel Excelsior Limited vs Darren Grech,  ordered the following publication for the purpose of service of the respondent in terms of Article 187 (3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Darren Grech, of  Palm Court, Apartment 4, Triq l-Ingilterra, Naxxar,  on the 12th March, 2014, Grand Hotel Excelsior Limited (C 12837), of  Great Siege Road, Floriana, whilst refering to the wedding contract signed by the interpellant company and you that has the date of 21st October, 2011, solicits you so that within four days from today you pay the sum of €2,080 representing the balance due by you for the services provided for your wedding which was held on the 6th October, 2012, in the Grand Hotel Excelsior, and this on your instructions and in terms of the same wedding contract.

With costs including the letter dated 23rd January, 2013, and the judicial letter of the 2nd August, 2013, besides the interest till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

It is hereby notified that the Court of Magistrates (Malta), by means of a decree given on the 23rd July, 2014, in the records of the judicial letter number 1505/14, in the names  Fogg Insurance Agencies Limited  vs Burmarrad Commercials Limited et, ordered the following publication for the purpose of effecting service of the respondent Mario Mallia in terms of Article 187 (3) of Cap. 12.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Burmarrad Commercials Limited, Atlas Insurance PCC Limited and Mario Mallia, of Vigo, Flat 6, Triq il-Ponta, Żebbuġ, Gozo,  on the 22nd April, 2014, Fogg Insurance Agencies Limited (C 597), as agents of the  foreign company Argus Insurance Company (Europe) Limited,  of  La Concorde, Abate Rigord Street, Ta’ Xbiex, and Joseph Barbara (ID 444387M), of St Mary F/H, Triq Birżebbuġa, Gudja,  whilst reference is made to your judicial letter of Burmarrad Commercials Limited and Atlas Insurance PCC Limited dated 26th March, 2014, they strongly refute all the allegations therein contained as unfounded in fact and at law, and solicit you not to file any useless proceedings in their respect in connection with the car accident which occured on the 29th April, 2013, at about 6.30 p.m. in Triq Ħal Tarxien, Gudja, between the vehicle registration number GAQ 449,  insured with the interpellant Fogg Insurance Agencies Limited noe and driven by the interpellant Mario Barbara and the vehicle with registration number JQZ 568 property of Burmarrad Commercials Limited, and insured by you with Atlas Insurance PCC Limited, and this because the same accident occured solely because of your carelessness,  negligence, lack of skill and lack of observance of the traffic regulations on your part Mario Mallia.

And also the interpellant calls upon you Burmarrad Commercials Limited and Atlas Insurance PCC Limited  in solidum between you so that within three (3) days you come forward for the liquidation and payment of all damages suffered by them as a result of the same accident.

So much for your own guidance, and to avoid costs and useless procedures.

This judicial letter is being made for all purposes and effects of Law, particularly but not limitedly for the purpose of interrupting prescription in terms of Cap. 12 and 16 of the Laws of Malta.

With costs and legal interest.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By means of a decree of the 22nd October, 2014, following an application of John Degiorgio and others, in the acts of the note that has decree number 830/2014, filed on the 19th September, 2014,  this Court ordered the Publication of the Inventory of the assets of the late Martin Fabri, Bachelor, son of the late Carmel and Maria née Saliba, born in Pietà and died in San Ġwann, on the 9th September, 2013,  holding identity card number 385161(M).

This publication is going to be held on Wednesday, 19th November, 2014, at six o’clock in the evening, at the office number 34, Triq Santa Teresa, Cospicua,  by a deed of Notary Dr Rosella Sciberras.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 20th October, 2014, Application number 947/2014 by Ryan Petticrew and others, whereby they prayed that it be declared open in  favour of the heirs of Antonia Petticrew, and this in the quota of one half (1/2) undivided share, and the remaining one half (1/2) undivided share in favour of  David Petticrew, John Petticrew,  Ann Mitchell and Rodrick Petticrew, the latter represented by his children Ryan, Andrew, John and Michael, brothers Petticrew, in equal shares between them, the Succession of  Roderick Andrew Petticrew, son of the late John and Mary née Webb, born in Belfast, Northern Ireland, and died in Gwardamanġa, Pietà, on the 19th January, 2014, aged 78, intestate, holding identity card number 368981(M).

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court, and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar Civil Court and Tribunals

By a decree of the Small Claims Tribunal, of  the 3rd November, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334), of  Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 4th April, 2014, whereby they asked the Tribunal to condemn Bray Nicola Frances (English Passport 800316298GB), of Bella Vista, Block E, Number 11, Triq il-Klamari, Qawra,  to pay the plaintiff company the sum of  €503.24, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 239/14VG2) is deferred for the 12th November, 2014 at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of  the 3rd November, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334), of  Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 16th July, 2014, whereby they asked the Tribunal to condemn Easby Abby Elizabeth (ID 52363A), of  Aragon Court, Flat 22, Triq il-Qaliet, Wied il-Għajn,  to pay the plaintiff company the sum of  €630.10, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 470/14VG2) is deferred for the 12th November, 2014 at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

By means of a decree of the 31st of October, 2014, on an application of Charles Difesa and others, filed on the 22nd  of October, 2014, number 965/2014, this Court ordered the Publication of the Inventory of the late Michelle Difesa (ID 113273M), daughter of Charles Difesa and Margaret née Mifsud, born in Pietà, and  died  Xagħra, Gozo, on the 27th of March, 2014, aged 39 years.

This publication is going to be held on Friday, the 21st day of November, 2014, at six o’clock in the evening, at the office with number 107, Church Street, Paola, under the Ministry of Notary Dr Joe Cilia.

MARCEL BUGEJA

For the Registrar Civil Court and Tribunals

It is hereby notified that by virtue of a decree given on the 27th May, 2014, the Court of Magistrates (Gozo) Inferior Jurisdiction, ordered the publication of the following notice for the purpose of service in terms of Article 187 (3) of Cap. 12 of the Laws of Malta, and this with respect to Anthony Muscat, of Plot 100, Ramla Road, Nadur, Gozo.

The company Central Power Installation Limited filed an application on the 26th March, 2014, in the records of garnishee order number 160/2008 in the names, Joseph Caruana Company Limited versus Anthony Muscat, which garnishee order was filed on the 24th September, 2008, and this in the Court of Magistrates (Gozo) Inferior Jurisdiction. By virtue of this application the said company Central Power Installation Limited asked the Court to revoke contrario imperio its decree dated the 9th May, 2011, by virtue of which it ordered the said company as a garnishee to deposit the amount of €9,249.37c.

The said application is set for hearing for the 14th November, 2014, at 10.00 a.m. at the Gozo Courts.

ANTHONY MIZZI

For the Registrar Gozo Courts and Tribunals

NOTICE

CIVIL COURT (FAMILY SECTION)

Whereas the plaintiff Mario Schembri (ID 533965M) filed an application under oath (No. 240/14 AL), demanding Correction in the Act of Birth of the minor Javier Psaila, number 381/2012 in the Public Registry.

Whosoever may have an interest therein and wishes to oppose that demand, is hereby called upon to do so by means of a note to be filed in the Registry of these Courts within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who within the aforesaid time shall have filed such note, shall be notified by the service of a copy of the said application under oath of the day which will be appointed for the hearing of the case.

By order of the Court.

RITA MANGION

For the Registrar Civil Courts and Tribunals

Republic of Malta

To The Marshall of the Court

By means of a decree given by this Court, on the 25th September, 2014, following a request of King. Com Limited, it was ordered that Deputy Curators be chosen to represent  TEAMLAVA LLC in the records of the judicial protest number 392/2014, in the names King. Com Limited vs Deputy Curators, and in the relative and subsequent acts.

By means of a Protest filed, in the First Hall Civil Court, in the names King. Com Limited (C 42504), of Aragon House Business Centre, Dragonara Road, St Julians  STJ 3140, Malta, vs Deputy Curators  to represent TEAMLAVA LLC a foreign entity domiciled in America, registered in the State of California, in the United States of America, with registration number 200932910077, and with an address of 1000, Bridge Pkwy, Redwood City, CA 94065, in the United States of America, on the 19th September, 2014, the company King. Com. Limited (C 42504), of Aragon House, Business Centre, Dragonara Road, St Julians STJ3140, Malta, respectfully pleaded:

That the protesting company developed and commercialises online social games and mobile games amongst which the famous game Candy Crush Saga, which has more than ninety five (95) million users everyday.

That by means of ability and inventivness and huge financial sacrifice and  promtional activity on her part and other affiliated companies, the protesting company acquired a reputation and enormous goodwill in connection  with its trademarks and the business related with the same trademarks, by means of the trademarks ‘Candy Crush Saga’...omissis...which are known trademarks for the purposes of the Convention of Paris for the Protection of Industrial Property, of the 20th March, 1883,  as reviewed  and amended  from time to time.

That the protesting company is the owner amongst others of the Community Trade Marks with numbers 010718542 –‘Candy Crush Saga’ (wordmark) ...omissis... and 011560604 –‘Candy Crush’ (figurative).

That furthermore, the protesting company is the owner amongst others of the Community Designs registered with numbers 2216416 and 2216416-0054.

That furthermore, the protesting company is the owner of the intellectual property rights relating aspects of the game ‘Candy Crush Saga’.

That the protesting company has in its possession evidence which shows  that the respondent is offering and commercialising in the Eurpopean Union  games under the signs ‘CANDY BLAST’ /CANDY BLAST...omissis... and being its property regarding the game ‘Candy Crush Saga’ duly protected in favour of the protesting company as ‘Community Designs’, as well as intellectual property rights.

That all this is being done in violation of the rights of the protesting company which has rights in your regard which result in view of:

(a) a violation on your part of the relevant provisions contained in article nine (9) subarticle (1) paragraph (b) and (C) of U.E. Regulation 207/2009 on Community Trademarks.

(b) in violation on your part of the relevant provisions contained in Article (19) subarticle one (1) of  U.E. Regulation 6/2002 on Community Trademarks.

(c) violation on your part of the limits of the relevant provisions contained in Article fifty (50) subarticle two (2) of the Act relating to Trademarks (Cap. 416 of the Revised Edition of the Laws of Malta).

d) violation on your part of the limits of competition between established traders in the relevant provisions contained in Article thirty-two (32) of the Commercial Code (Cap. 13 of the Revised Edition of the Laws of Malta).

(e) violation on your part of the relevant provisions  contained in Article seven (7) subarticle one (1) _ paragraphs ‘A’ and/or ‘c’ and/or ‘e’ and /or ‘f’ of the Act relating to Intellectual Property Rights, Cap. four hundred and fifteen (415) of the Revised Edition of the Laws of Malta.

Thus, whlilst bringing the above to the formal notice of the respondent hereby called upon, the protesting company calls upon you so that within two (2) days from when you are notified with this judicial act you:

(a) stop and desist from any form of use in your business of the signs ‘Candy Blast’/Candy Blast alone or together with another element, and of any other contravening sign.

(b) stop or desist from any form of use in your business of any other aspects of the game commercialised by you in virtue of which you are violating the rights of the protesting company.

c) destroy any contravening material which is in your possession or under your control.

(d) ...........omissis...........

(e) ...........omissis...........

(f) voluntarily come forward to the liquidation and payment of damages caused by you.

(g) pay all the expenses in connection with all this.

If you fail to do this within the term above indicated, the protesting company whilst putting you in dolo, mora and culpa, by the present for all intents and purposes of law warns you from now that it shall take all the measures according to law  in order to ultimately safeguard and enforce its rights against you.

Saving any other action due to the protesting company and with costs of this judicial act  which is to serve also so that the protesting company secure its position since it intends to hold firm its rights against you, and this all with reference to Article two thousand one hundred and twenty-eight (2128) of the Civil Code, Cap. sixteen (16) of the Revised Edition of the Laws of Malta.

Protesting company: King. Com Limited (C 42504), of Aragon House, Business Centre, Dragonara Road, St Julians  STJ3140, Malta.

Service of the respondent company: TEAM LAVA LLC, a foreign entity domiciled in  America, registered in the State of California, in the United States of America and with an address of 1000, Bridge PKWY, Redwood City, CA 94065, United Stated of America.

1.  Adv. ...... as curator/curatrix deputy/deputy to represent /represent the TEAMLAVA LLC, a foreign company domiciled in America, registered in the State of California, United States of America, with an address of 1000, Bridge Pkwy, Redwood City, CA 94065, in the United States of America, Courts of Justice, Valletta.

2.PL ...... as curator/curatrix deputy/deputy in order to represent the TEAMLAVA LLC, a foreign company domiciled in America, registered in the State of California, in the United States of America, and with an address of 1000, Bridge PKWY, Redwood City CA 94065, in the United States of America, 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 Silvio Meli, LLD, Doctor of Laws.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By a decree given on the 26th May, 2014, by the Civil Court First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (5) of the Code of Organisation and Civil Procedure (Cap. 12).

By a decree given by the Civil Court First Hall, on the 23rd October, 2014, on the application of Combinations Limited, Tuesday, 16th December, 2014, from nine o’clock in the morning till noon, has been fixed for the Sale by Auction to be held on the first floor of these Courts of Justice, Republic Street, Valletta, of the following properties:

The four apartments situated on the second and third floor, named ‘Diana Flats’, with internal numbers three (3), four (4), five (5) and six (6), in Triq il-Merluzz, Qawra, limits of St Paul’s Bay, valued at €186,350.

The said tenements are the property of Lukanda Limited.

N.B. The said tenements will be sold as described in the acts of file number 97/02.

MARVIC FARRUGIA

For the Registrar Civil Courts and Tribunals

By means of a decree given on the 16th October, 2014, by the Civil Court (Family Section), in the records of the Sworn Application, in the names Azzopardi Randolph vs Milan Alexandra et, Application  number 106/12 AL, the following publication was ordered  for the purpose of service of the respondent in terms of Article 187 (3) et. seq. of Cap. 12.

By means of a Sworn Application filed in the Civil Court (Family Section), in the names Randolph Azzopardi (ID 641082M) vs 1. Alexandra Milan ( ID 0156209L),  and by a decree of the 28th May, 2013, Alexandra Li Milan was appointed as; 2. Deputy Curators to represent  the minor  boy Jacob Milan; 3. Director of the Public Registry on the 9th May, 2012, the applicant Randolph Azzopardi asked the defendant why this Honourable Court should not:

Declare if necessary by means of the appointment  of  experts nominated by this Honourable Court that the natural father of the minor Jacob Milan is Randolph Azzopardi, and uphold the other demands in the application amongst which the correction in the Act of Birth.

With costs against the defendants summoned so that a reference to their evidence be made.

Service: Alexandra Milan, 6, Triq San Lazzru, Bormla.

The Sworn Application in the names Azzopardi Randolph vs Milan Alexandra et, application number 106/12 AL, has been deferred for hearing to Thursday, 11th December, 2014, at 9.15 a.m.

ADV. FRANK PORTELLI, LLD

For the Registrar Civil Courts and Tribunals

By a decree of the Small Claims Tribunal, of the 28th August, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334), of  Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 20th August, 2014, whereby they asked the Tribunal to condemn Gauci Leanne Grace (ID 251694M), of  13, Flat 1, Triq l-Etna, Mellieħa, to pay the plaintiff company the sum of  €532.23, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 596/14VG2) is deferred for the 12th November, 2014 at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals

 By a decree of the Small Claims Tribunal, of the 21st June, 2014, the publication of the following extract was ordered for the purpose of service in terms of Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334), of  Fra Diego Street, Marsa MRS 1501, filed a Claim, on the 12th June, 2014, whereby they asked the Tribunal to condemn Ringrose Kevin Paul (ID 71652A), of  Cordoba, Flat 4, Triq il-Qawra, San Pawl il-Baħar,  to pay the plaintiff company the sum of  €586.33, which amount is due to the plaintiff company.

With costs and legal interests.

The case (Claim Number 382/14VG2) is deferred for the 12th November, 2014 at 1.00 p.m.

ALEXANDRA DEBATTISTA

For the Registrar Civil Courts and Tribunals