Federal Court of Australia
a oRPO SAL COM OP ALE IR ALTA
WW. SOUTH. ILLES... DISTRICT PYGISTRY « No. G6 .45,.. of SOTT
Ne eee
GENGRAL.. oe. .ee.. DIVISTON
BErEET HANS DIDTER WEITMANN °
CR OKS ORE EERE SO HERE Eo O Beer a ee eens
By
eovecsecstescees CAppLicant,). ..
CeCe wer eee ee nee ees es oreroseeeser
AND : 2. KARIES. LED. end, Qthers..
Sec ooend eraser sonar ecanrercennnare
ORDER
' JUDGE(&) MAKING ORDER : Franki J. .
DATE OF OXDER : 1 November 1977
WHERE MADE : Sydney
THE COURT OZDERS PHAT: :
1. 'Application dismissed
2. - Appli cant Eo pay the Respondents! costs, including feserved tosis Such Costs to be taxed if not agreed.
ware
Date Entered: .
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CATCHWORDS
Trade Practices Act 1974-1977 ~— Application for injunction ~ section 52(1) - meaning of "mislead or deceive" — section 53(c) ~ meaning of "sponsorship" - use of "Saint Germain" as a trade
mark — applicability of passing off pranciples.
Hans Dieter Weitmann v.
Katies Ltd. and others G No. 45 of 77
Before Franki Jd.
Sydney 1 November 1977.
IN THE PEDERAL COURT OF AUSTRALIA GENERAL DIVISION
NEW SOUTH WALES DISTRICT REGISTRY
REASONS FOR JUDGHENT
DELIVERED
Between
And
G No. 45 of 1977
HAWS DIETER WEITMANN
Applicant
KATIES LTD. AND OTHERS
Respondents
FRANKI J.
1 November 1977
fhe applicant, Mr. Hans Dieter Veitmann, seeks an dngunvc.re against Katies Limited and three other companies in wnat might broadly be called the Katies Group (ell of which I will refer to az tthe respondent?). The proccedings are under s.80 of the Trade
Practices Act 1974-1977 and are based upon ss.52 and 53(c) of that Act. Stripped of refinements the basic facts are that the applicen, has adopted as its trade mark the words "Saint Germain". The applicant has sovght registration as trade marks for women's outer | wear clothing of the words "St. Germain" together with the letters "S.G." an a particular form and also the words "Saint Germain" together with the same letters in the same particular form.
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