Success Stories

2012 Successful outcomes from Hazan Hollander:

A successful defence to an application for an urgent injunction for our client to remove products from supermarket shelves in the Federal Court of Australia. Our client was sued to restrain it from selling its products in various outlets that included supermarket shelves. The case was brought urgently before His Honour Mr Justice Foster in the Federal Court of Australia and sought urgent interlocutory injunctions. Yves Hazan appeared in the proceedings, instructed by Peter Whitehead. Together they were able to deal with the case whilst the client was away on holidays with phone and email contact. We were successful in obtaining a Court decision that refused the Application for Interlocutory Injunctions. Our client was also awarded cost orders to reimburse legal fees. A copy of the written judgment will be available shortly on our website.

A contractual dispute in the High Court of Chancery in London.
One of our clients who had entered into a Heads of Agreement to sell its overseas subsidiary but then terminated this agreement was sued in the High Court of Chancery in London for wrongful termination of contract. An application was also made for summary judgment against our client based on an argument that it could not reasonably defend the case. From Sydney, we prepared all of the evidence and documents for our client for use in the London proceedings and then arranged for London lawyers to run the case before a Master of the High Court of Chancery. We are pleased to have been able to successfully defend this case which was dismissed by the Court. The lesson to learn from this case is to be very careful with Heads of Agreement and to never assume a Heads of Agreement is not a contract.

A successful defence to an opposition to the registration of two trade mark applications in the New Zealand Trade Marks Office. A client who filed two trade mark applications in New Zealand had oppositions filed against their registrations. As the case was not capable of resolution, we were forced to defend the oppositions in the New Zealand Trade Marks Office. The opposition challenged the ownership of the trade marks and we were able to achieve a successful result, whereby the oppositions were dismissed and the opposing party was also ordered to make a contribution to our client’s overall legal costs. A copy of the written decision will soon be available on our website.

A settlement of a dispute between neighbouring land owners for access to land without the need for a court hearing in the Local Court of New South Wales. In New South Wales, neighbours can gain access to each others’ land to repair or renovate their property when there is no other reasonable alternative. In a recent case, we assisted our clients to respond to an application by their neighbour and to resolve Court proceedings for access. If you need access to your neighbour’s land for building work or if a neighbour needs access to your property, please contact us and we will be able to assist you.

2011 Successful outcomes from Hazan Hollander:

Hazan Hollander successful in registering KAPOW! trade mark registration 1295806 in respect of goods in class 30 being sour chews; sour candy.

Hazan Hollander successful in registering the DISPOOSABLES trade mark registration no. 1350169 in respect of a number of goods in classes 16 for disposable nappies and the like and toys.

2010 Successful outcomes from Hazan Hollander:

On 14 September 2010, Hazan Hollander successful in procuring the removal of a trade mark for non use on behalf of Spantec Systems Pty limited. A copy of the trade Marks Office decision is available on the link below.

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On 4 September 2010, Hazan Hollander successful on behalf of C.A Bunter in prosecuting opposition to registration of trade mark application. A copy of the trade marks Office decision is available on the link below.

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2009 Successful outcomes from Hazan Hollander:

Hazan Hollander succeeds in procuring registration for the trade mark PORTFOLIOFOCUS in class 36 for its client In Focus Wealth Management Pty Limited.

Hazan Hollander successful in procuring registration of ITREK trade mark for 1Cover Pty Limited, a travel insurance provider.

Hazan Hollander successfully obtains registration of Porky Pies trade mark in a number of classes for pet and animal type products.

Hazan Hollander successfully obtains registration of the trade mark "Bite Me Burger Co" logo for its client, Bite Me Burger Co Pty Limited.

Hazan Hollander successfully obtains registration of the trade mark "Turn On The Tap" in New Zealand for its client Samaritan's Perth - Australia Limited.

Hazan Hollander successfully obtains acceptance of trade mark "Think Big" for its publisher client, Mindset Medial Pty Limited.

Hazan Hollander successful in defending case for unfair dismissal against its client employer on the ground that the Australian Industrial Relations Commission had not jurisdiction to deal with the unfair dismissal claim. Unfair dismissal claims made against employers who employ 100 or less employees are not available under the Work Choices Law brought in by the Howard Government. This law continues to apply and is expected to be changed from 1 July 2009, when unfair dismissal claims will be available to employers with more than 15 employees.

Previous Successful outcomes from Hazan Hollander:

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Hazan Hollander succeeds in opposing application for its client Fresh Trade Australia Pty Limited. A copy of the judgment in the opposition case is attached by clicking the following link
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Hazan Hollander wins case for a defendant to a cross claim in Supreme Court of NSW on 21 June 2006.
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Hazan Hollander wins against Virgin Enterprises' opposition to its client's Virgin trade mark application.
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Hazan Hollander successfully defends opposition to its client's ALL WE LEAVE IS A MEMORY trade mark application.
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Hazan Hollander successfully opposes trade mark application $$ DOUBLE DOLLAR for its client.
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Hazan Hollander wins for its client, J & M Fashions, the right to register its Wet Seal trade mark in New Zealand. (PDF of this decision attached to email)
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Hazan Hollander wins trade mark infringement case in the Federal Court of Australia restraining infringement of Living Water trade mark. Director of infringing company also found responsible for infringement.
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Hazan Hollander lawyers defends its client Budejovick Budvar, National Corporation against trade mark infringement proceedings in the Federal Court of Australia brought by Anheuseur Bush Inc. Budejovick Budvar beer now available on the Australian market.
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Hazan Hollander wins in the Supreme Court of New South Wales for its client, Proceris Pty Limited, against an action seeking the forced sale of land the subject of a joint venture.
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Hazan Hollander succeeds in recovering indemnity costs for its client Proceris Pty Limited following successful litigation in the Supreme Court
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Hazan Hollander wins undertakings from a firm accused of infringing its client's trade mark without need for any proceedings.

Hazan Hollander represents doctors of a medical imaging practice in the sale of that practice to listed public company.

Hazan Hollander successfully represents vendor of technology business to its management.

Hazan Hollander successfully negotiates $750 000.00 resolution of building dispute for Owners Corporation in a building case against insurers.

Hazan Hollander successfully negotiates $200 000.00 resolution of building dispute for Home Owners of residential house in a building case against insurers.

Hazan Hollander represents State of New South Wales in Federal Court of Australia in dispute over the use of a government agency logo. The parties resolve the dispute to their mutual satisfaction.

Hazan Hollander Senior Lawyer, Mr Yves Hazan, represented Dr Terry Metherell in the 1992 ICAC enquiry into Dr Metherell's resignation from Parliament and his appointment to a senior public service position.
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CLRC report on the protection of computer software refers to submissions made by Hazan Hollander Senior Lawyer, Mr Yves Hazan.
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Hazan Hollander senior Yves Hazan successfully represents respondent in patent appeal. No infringement is found.
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Hazan Hollander Senior Lawyer successfully defends copyright infringement case and also won on appeal to the Full Court of Federal Court of Australia in relation to pre-trial steps.
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Hazan Hollander Senior Lawyer represented the owner of Hotel Premises in successfully defending against an action for specific performance of contract seeking a forced sale of the hotel. Assessment of damages proceeded against other parties to the case.
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