Federal Court of Australia
CATCHWORDS
Trade Practices - furniture manufactured closely resembling items already on market and extensively advertised - defendant's label on items - misleading conduct by retailers - no intention by manufacturer to mislead - whether manufacturer's conduct misleading or deceptive
or likely to mislead or deceive - Trade Practices Act 1974
ss.52 and 80.
Puxu Pty Limited v. Parkdale Custom Built Furniture Pty Ltd VG No. 27 of 1978
Coram: Keely J.
—
Date: 28 November 1979
Place: Melbourne.
wee ®
a
IN THE FEDERAL COURT OF AUSTRALIA
)
) VICTORIA DISTRICT REGISTRY ) VG No.
)
)
GENERAL DIVISION BETWEEN :
PUXU PTY LIMITED - and -
PARKDALE CUSTOM BUILT FURNITURE PTY LTD
REASONS FOR JUDGMENT
28 November 1979
27 of 1978
Plaintiff
Defendant
RKEELY J.
The plaintiff Puxu Pty Ltd, a company incorporated
pursuant to the provisions of the New South Wales Companies
Act, claims an "injunction to restrain the Defendant, its
servants or agents from engaging in conduct that is misleading
or deceptive or is likely to mislead or deceive and in
particular to restrain it from displaying, selling, offering
for sale or disposing of any furniture which imitates or
copies the Plaintiff's 'Contour' range of furniture so as to
be misleading or deceptive" and an "injunction to restrain
the Defendant its servants and/or agents from reproducing
or authorising the reproduction of chairs and lounges in
accordance with the Plaintiff's design". The plaintiff also
claims damages but the parties agreed that that claim should
not be dealt with in the present hearing.
ers
Se we eer mee oe
On 18 August 1978 the Court granted injunctions under s.80 of the Trade Practices Act (the Act) in the
following terms:
"Upon the Plaintiff undertaking to pay to any party adversely affected by this order such compensation (if any) as the Court thinks just, in such manner as the Court directs the Defendant its servants and agents are hereby until the determination of these proceedings or further order restrained from selling or offering for sale or dealing with or displaying any furniture made in the distinctive shape adopted by the Plaintiff, namely, its 'Contour' furniture of exposed wood with contoured seats upholstered
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