Federal Court of Australia
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a 4 CATCHYVORDS
Trade Practices ~ Whether conduct likely to mislead or deceive - Whether representation of sponsorship or approval or affiliation - Considerations relevant to grant of injunction - Evidence ~ Market surveys.
Trade Practices Act - ss.52, 53(c), 53(d) and 80.
McDONALD'S SYS) H
PEM OF AUSTRALIA PTY. LIMITED v. McWILLIAM'S
WINES PTY. LIMITED
G. No. 14 cf 1979 Coram: Franki J.
Date : 241 December 1979
Sydney.
IN THE FEDERAL COURT O> AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY G. No. 14 of 1979
GENERAL DIVISION
BETWEEN : McDONALD'S SYSTEM OT ATISTP ALTA
PTY, LIMITE
Applicent AND : McWTLLTAM'S WINES FTV. LITT Respond on ORDER
JNDGE WAKING ORD: Franhki J.
DATE OF ORDER: 21 Decemb<r 1979
THE COURT
MADE: Sydney
ORDERS THAT:
Order that in the Australian Capital Territory and in the States of New South Wales, Victoria, Queensland and South Australia McWilliam's Wines Pty. Limited, by itself its servants and agents be restrained in trade or commerce, in connection with lice supply cf possible supply of wine or in connect1.on with the prenotion by any means of th2
supply or use of wine from using or publishiny or
causing precuring or authorising use or publication
of the words "Big Mac". Applicant pey the respendeit's costs of the evpliLe
on 23 November 1979.
avson
Respondent pay the applicant's costs of the action including the costs of the proceedings for interlocutory relief.
By consent, if any appeal is to be lodged the notice of appeal may be filed and served on or
pefore 25 February 1980.
IN THC CECLrAL CCua oF 3UTPER ALIA) NE. SOUS »ALDO OT SURTCT i NtTioTaRyY G. No. 14 of 1973
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GELER L CIVISION )
BET) Den: DWALS'T SY "LE. CR 3GOSIP 2
ic PTY, Pialuio ee
AND: NehILLTAu's | TIES ETY. LT. Tish Responient Corar: Frank. J. 2) Leerrpoer 1¢°7% ROEATOVS POR JOCCUS T
PRAPSI J.
Mis is an 2aprlicetion for relisf uniter ¢, TR af Fad
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