By means of an application filed in the Civil Court of Voluntary Jurisdiction Section on the 29th November, 2019, Application number 2126/2019 by Jane Purpura et whereby they requested that it will be declared open in favour of the same Jane Purpura, Joseph Zammit, Antoinette Mulvaney, Catherine Aquilina, Maria Victoria Deguara Caruana Gatto, Natalino Drago, John Drago, Mario Drago, Rita Scicluna, Mary Ward and Jacqueline Cutajar in the quota of one part of thirteen (1/13) undivided share each one of them and in favour of Lynn Zammit, Claire Holly Russel, John Zammit and Christine Galea in the kwota of one part of twenty-six (1/26) undivided share each one of them the succession of their aunt Maria sive Mary Pawley, widow of Walter Pawley, daughter of the late Giovanni Zammit and Maria Antonia Zammit nee Cini, born in Ħamrun, Malta, resided in Valletta, Malta and died in Ħal Balzan, Malta on the 16th January, 2019, aged 96, and who held identity card number 0558022M.
Wherefore any person who believes 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.
Registry of the Civil Court Voluntary Jurisdiction Section
Today 27th March, 2020
For the Registrar, Civil Courts and Tribunals
Bann for Curators
Republic of Malta
To the Marshall of the Court
By means of a decree given by this Court on the 10th March, 2020, following a request of Advocate Doctor Luigi A Sansone as special mandatory of Chanel Limited it was ordered that deputy curators be chosen to represent Welly Talent Trading Limited and Eurl El Fouzdak Import/Export, in the records of the Sworn Application 215/2020 MCH, in the names Advocate Dr Luigi A. Sansone noe vs Deputy Curators and in the other relative and subsequent acts.
By means of a Sworn Application filed in the Civil Court First Hall in the names Advocate Doctor Luigi A. Sansone LL.B. (Hons) LL.D. (ID 258269 M) as special mandatory of Chanel Limited, a foreign company incorporated in Companies House in England and Wales with number 00203669 and with registered address of 5, Barlow Place, London W1J 6DG in United Kingdom vs deputy curators to represent (1) Welly Talent Trading Limited, a foreign entity with indication of address of Room 1003A Tower A, Tsuen Wan Industrial Building no 59-71, Wang Lung St, Tsuen Wan Nt in Hong Kong and (2) Eurl El Fouzdak Import/Export, a foreign entity with indication of address of Cite Afak 03 Ain Fabroun, Oeb Algeria and with indication of Algerian fiscal identification number (NIF) of 001404040537134 on the 6th March, 2020, the applicant Advocate Doctor Luigi A Sansone LL.B. (Hons) LLD (ID 258269M) as special mandatory of Chanel Limited a foreign company incorporated in Companies House in England and Wales with number 00203669 and with registered address of 5, Barlow Place, London, W1J 6DG in United Kingdom, asked this Honourable Court:
1. To declare that the entry without free release for circulation in Malta in the course of business between the defendants of a quantity of clothing articles (two piece sets), which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from that of the plaintiff company and duly registered in Malta with number 13952 which objects are all presently held under the authority of the Director General (Customs) after he found that the container APZU4476627 which contained them contravene the rights of intellectual property of the plaintiff company as regards the same registered trade mark;
2. Declare that the same objects and namely a quantity consisting of clothing articles (two piece sets) which all of them have identical trademarks to or which cannot be distinguished in their essential aspects from that of the plaintiff company duly registered in Malta with number13952 are falsified objects;
3. Order the Director General (Customs) to destroy those objects within a short and peremptory period without any compensation to the defendants and at their expense;
4. Take or order the Director General (Customs) to take as regards those objects any other measure in virtue of which they be removed definitely from circulation in the existing systems of commerce and the defendant be deprived from the economic benefits of the transaction;
5. Order that the defendants are to bear all the other costs in connection with this lawsuit including the costs in connection with the measures ordered in terms of the third and fourth demands of the plaintiffs amongst which those of identification and numbering of the said objects of their transport from the place of storage, the same storage, the transport from the place of storage to their eventual destruction, to the attendance of the destruction and to the removal of the waste generated from the same destruction.
With costs against the defendants summoned so that a reference to their evidence be made.
Applicant noe: Advocate Doctor Luigi A. Sansone LL.B. (Hons) L.L.D. (ID 258269M) as special mandatary of Chanel Limited, a foreign company incorporated in Companies House in England and Wales with number 00203669 and with registered address of 5 Barlow Place, London W1J 6DG United Kingdom; 84-85 Triq Melita, Valletta VLT 1120
Notify the Defendants: Deputy Curators to represent (1) Welly Talen Trading Limited, a foreign entity with indication of address of Room 1003A Tower A, Tsuen Wan Industrial Building No 59-71, Wang Lung St, Tsuen Wan Nt in Hong Kong and (2) Eurl El Fouzdak Import/Export a foreign entity with indication of address of Cite Afak 03 Ain Fabroun, Oeb Algeria with Algerian fiscal identification (NIF) of 001404040537134
Courts of Justice, Valletta (two copies)
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, abovementioned, with the witness of the Hon. Mark Chetcuti LL.D., Doctor of Laws.
Today 10th March, 2020
Registry of the Superior Courts, today 27th March, 2020