Date: 20051006

Docket: T-442-05

Ottawa, Ontario, October 6, 2005

PRESENT:      THE HONOURABLE MR. JUSTICESHORE

BETWEEN:

ROCAWEAR LICENSING LLC

Plaintiff

and

JANE DOE and JOHN DOE and OTHER PERSONS, NAMES UNKNOWN, WHO DEAL IN UNAUTHORIZED OR COUNTERFEIT ROCAWEAR MERCHANDISE, AND THOSE PERSONS LISTED IN SCHEDULE "A" TO THE STATEMENT OF CLAIM

Defendants

AMENDED ORDER

FURTHER TO THE DIRECTIONS of this Court dated August 31, 2005, September 1, 2005 and September 2, 2005;

            AND AS REQUESTED by this Court that 1194696 Ontario Limited o/a At Eaze and Feroz Halai be notified of this proceeding, so that they have the opportunity to participate in the proceeding to ensure that any Order granted would not be issued from this Court without them having being advised of their rights and being afforded the opportunity to be heard;

AND UPON TELECONFERENCE made this day for an adjournment of the Motion for a review of the execution of the Order of the Honourable Justice von Finckenstein dated March 14, 2005, ("Anton Piller Order"); for the continuation of the injunctive relief granted in the Anton Piller Order against the Defendants, 1194696 Ontario Limited o/a At Eaze and Feroz Halai; and for an order dispensing with compliance with certain of the Federal Courts Rules which came into force on April 25, 1998;

AND UPONhearing the submissions of counsel for the Plaintiff and Feroz Halai, having appeared on behalf of himself and 1194696 Ontario Limited o/a At Eaze, being the persons served with the Notice of Motion;

THIS COURT ORDERS THAT:

1.                   1194696 Ontario Limited o/a At Eaze and Feroz Halai are restrained from offering for sale, displaying, advertising, selling, manufacturing, distributing, or otherwise dealing in unauthorized or counterfeit Rocawear merchandise, until Monday, September 12, 2005.

2.                   1194696 Ontario Limited o/a At Eaze and Feroz Halai are restrained from directing public attention to their wares in such a way as to cause or be likely to cause confusion in Canada between those wares and the wares of the Plaintiff, until Monday, September 12, 2005.

3.                   All merchandise and related records which were seized or delivered up by 1194696 Ontario Limited o/a At Eaze and Feroz Halai shall be retained in the custody of the Plaintiff's solicitors, until Monday, September 12, 2005 (except for the portion of the merchandise which was duly returned on September 1, 2005, as it was not unauthorized or counterfeit Rocawear merchandise).

4.                   The Motion against 1194696 Ontario Limited o/a At Eaze and Feroz Halai is hereby adjourned to Monday, September 12, 2005.

5.                   The costs of the attendance on the motion of Friday, September 2, 2005, are to be addressed on the return of the review motion.

"Michel M.J. Shore"