Federal Court of Australia
CATCHWORDS
Trade practices - Consumer protection - Conduct likely to "mislead or deceive" - Use of partly descriptive
trading name - Interlocutory injunction - Trade Practices
Act 1974, ss.52,53(c) & 80.
UNITED TELECASTERS SYDNEY LTD. v. PAN HOTELS INTERNATIONAL PTY. LTD. & ANOR.
G88 of 1978
Coram: Franki J. Sydney, 8 September 1978
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G 88 of 1978
GENERAL DIVISION
IN THE MATTER OF The Trade Practices Act 1974
UNITED TELECASTERS SYDNEY LIMITED
Applicant
PAN HOTELS INTERNATIONAL PTY. LIMITED
First Respondent
MAX MARKSON Second Respondent
JUDGMENT DELIVERED: 8 September 1978. FRANKI J. On the afternoon of 16 August 1978 an order to show cause was granted to United Telecasters Sydney Limited (the applicant) returnable the next afternoon. The crder to show cause sought certain injunctions under s.80 of the Trade Practices Act 1974 ("the Act") in relation to the conduct of a discotheque which it was alleged contravened ss.52 and 53(c) of the Act. The injunctions sought against the first respondent, Pan Hotels International Pty. Limited, were to prohibit it from : (a) conducting a business of a discotheque or nightclub uncer a name, using a graphic device, or using a decor or otherwise in such a manner as to
suggest that
(i) the said discotheque or nightclub
oe a
nr NT OLR TET fp HOT
(b)
(c)
is one which has any connection
with the discotheque or nightclub
depicted on the television show
"Thank God It's Friday at The Zoo",
(ii) the said discotheque or nightclub
is one which has any connection with the discotheque or nightclub depicted in
the film "Thank God It's Friday".
(iii) the said discotheque or nightclub
is one which has any connection with
radio station 25M.
Continuing to use the name "The Zoo" with respect to the discotheque or nightclub Situated at Bayswater Road, Kings Cross, without clearly distinguishing the said discotheque or nightclub from that depicted on the television show "Thank God It's Friday at
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