McWilliams Wines Pty Ltd v. McDonalds System of Australia Ltd [1980] FCA 188

CATCHWORDS

Trade Practices -— Misleading and deceptive conduct - Use

of Trade Mark "Big Mac" in respect of goods being a Trade Mark of another Corporation in respect of a different class of goods — Public misapprehension as to the limits of the corporation rights in respect of the name - Whether conduct creating mere confusion is conduct which is misleading or deceptive -— whether advertisement represented that a corporation had a sponsorship approval or affiliation

which it did not have,

Trade Practices Act 1974 - Sections 52(1), 53(c) and 53(d)

McWilliam's Wines Pty. Ltd. v. McDonald's System of

Australia Limited

N.S.W.G. No. 20 of 1980

Coram: Smithers, Northrop and Fisher JJ.

16 December 1980

Sydney

- Powe ee ed

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISIRICT REGISIRY } N.S.W.G. No. 20 of 1980 ) )

GENERAL DIVISION

On appeal from the Federal Court of Australia

BET WEEN: McWILLIAM'S WINES Pry. LIMITED

Appellant (Respondent)

AND: McDONALD'S SYSTEM OF AUSTRALIA PTY. LIMITED

Respondent (Applicant)

Judges Making Order: Smithers Northrop and Fisher JJ.

Date of Order: 16 December 1980

Where Made: Sydney

ORDER

THE COURT ORDERS THAT:

1. The appeal be allowed with costs.

2. The cross-appeal be dismissed with costs.

3. The order made on 21 December 1979 be set aside.

&

The application be dismissed.

The respondent pay the appellant's costs of the trial including all reserved costs and the costs of the

proceedings for interlocutory relief.

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W.G. No. 20 of 1980 ) )

GENERAL DIVISION

On appeal from the Federal Court of Australia

BET WEEN: McWILLIAM'S WINES PrY. LIMITED Appellant (Respondent) AND: MCDONALD'S SYSTEM OF AUSIRALIA PTY. LIMIT ED Respondent (Applicant) Coram: Smithers, Northrop and Fisher JJ. 16 December 1980 REASONS FOR JUDGMENT Smithers J.: This is an appeal as of raght from an order of