Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cadbury Schweppes Pty Ltd (ACN 004 551 473) v Darrell Lea Chocolate Shops Pty Ltd (ACN 000 498 386) [2007] FCAFC 70
EVIDENCE – Admissibility of opinion evidence – not admissible unless opinion based on specialised knowledge – whether rule excluding opinion evidence as to matter of common knowledge is applicable – operation of s 80 Evidence Act 1995 (Cth) ('the Act') - requirement to consider probative value of opinion evidence – whether evidence might cause or result in undue waste of time – discretion to exclude evidence under s 135 the Act
TRADE PRACTICES – competitors in retail chocolate market – use of colour purple – principles relating to passing off – whether exclusive reputation required under Part V Trade Practices Act 1974 (Cth) – whether use of colour purple likely to mislead or deceive consumers
Federal Court of Australia Act 1976 (Cth), s 28(1)(f) Evidence Act 1995 (Cth), ss 55(1), 56(1), 76(1), 79, 80, 135 Trade Practices Act 1974 (Cth), Part V
Cat Media Pty Ltd v Opti-Healthcare Pty Ltd [2003] FCA 133 cited Domain Names Australia Pty Ltd v .au Domain Administration Ltd [2004] FCAFC 247 cited Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 cited Reckitt and Colman Products Ltd v Borden Inc (1990) 17 IPR 1 cited Transport Publishing Co Pty Ltd v The Literature Board of Review (1956) 99 CLR 111 cited
The Law Reform Commission, Evidence, Interim Report, No. 26 (1985), [743]
CADBURY SCHWEPPES PTY LTD (ACN 004 551 473) v DARRELL LEA CHOCOLATE SHOPS PTY LTD (ACN 000 498 386) VID774 OF 2006
BLACK CJ, EMMETT & MIDDLETON JJ
21 MAY 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID774 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CADBURY SCHWEPPES PTY LTD (ACN 004 551 473)
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