Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Domain Names Australia Pty Ltd v .au Domain Administration Ltd [2004] FCAFC 247 TRADE PRACTICES – misleading and deceptive conduct – notices inviting business entities to register a domain name – found to be a misleading representation that the notice was for the renewal of the recipient's existing similar domain name - whether trial judge should have required admissible evidence as to characteristics of recipients – whether s 144 Evidence Act 1995 (Cth) applicable – whether recipients of notices members of a specialist market – whether a significant number of members of group must be misled
Trade Practices Act 1974 (Cth), s 52 Evidence Act 1995 (Cth), s 144 J D Heydon, Cross on Evidence (Australian Edition), 1996, Ch 2 .au Domain Administration Limited v Domain Names Australia Pty Ltd Limited [2004] FCA 424 affirmed Gattellaro v Westpac Banking Corporation (2004) 78 ALJR 394 at [17] discussed Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 49 CLR 191 at 198 applied Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 at 87 applied Taco Company Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 at 202 applied Australian Competition and Consumer Commission v Telstra Corporation Limited [2004] FCA 987 at [49]-[50] per Gyles J followed Transport Publishing Co Pty Ltd v The Literature Board of Review (1956) 99 CLR 111 at 119 considered Cat Media Pty Ltd v Opti-Healthcare Pty Ltd [2003] FCA 133 at [55] applied General Electric Co v General Electric Co Ltd [1972] 1 WLR 729 at 738 per Lord Diplock followed Interlego AG v Croner Trader Pty Ltd (1992) 39 FCR 348 at 387 applied Campomar Sociedad Limitada v Nike International Limited (2000) 202 CLR 45 at [103]-[105] applied National Exchange Pty Ltd v Australian Securities and Investments Commission [2004] FCAFC 90 at [68] applied Weitmann v Katies Ltd (1977) 29 FLR 336 cited DOMAIN NAMES AUSTRALIA PTY LTD V .AU DOMAIN ADMINISTRATION LTD V488 OF 2004 DOMAIN NAMES AUSTRALIA PTY LTD V AUSTRALIAN COMPETITION AND CONSUMER COMMISSION V566 OF 2004 WILCOX, HEEREY & R D NICHOLSON JJ 10 SEPTEMBER 2004 MELBOURNE
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