Federal Court of Australia
CATCHWORDS
Trade Practices consumer protection - misleading or deceptive conduct - change of name and proposed change of name under which products marketed by respondents - form of packaging used by respondents similar to that used by applicants - whether such name and form of packaging mislead or deceive or arelikely to mislead or deceive.
Trade Practices Act, 1974 (Cth.), ss. 52, 80.
BRADMILL INDUSTRIES LIMITED & ORS. v. B. & S. PRODUCTS PTY.
LIMITED & ANOR LOCKHART J.
5 DECEMBER 1980 AT SYDNEY
NO. G 36 OF 1980
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G36 of 1980
aed
GENERAL DIVISION
BRADMILL INDUSTRIES LIMITED AND
ACTIL LIMITED AND
BRADMILL TEXTILES PTY. LIMITED
Applicants
B. & S. PRODUCTS PTY. LIMITED AND
B. & S, INDUSTRIES PTY. LIMITED
Respondents ORDERS JUDGE MAKING ORDERS: LOCKHART J. WHERE MADE: AT SYDNEY DATE OF ORDERS: 5 DECEMBER 1980
THE COURT ORDERS THAT:
1. The respondents, by their servants and agents, be
restrained until further order from engaging in trade or commerce in conduct that is misleading or deceptive or likely to mislead or deceive by selling, offering for
sale, dealing with ,displaying or advertising any product 'being sheets, pillow cases, bedding, quilted covers, towels, curtains, drape fabrics, apparel fabrics, garments or
other textile products under the name "Bartmill" or
"BART-MILLS" or any similar name. ../2
2. Liberty be reserved to any party to apply in relation
to any matter arising out of the making of these orders on seven (7) days' notice.
3. The respondents pay the applicants' costs of these proceedings including reserved costs.
4. Exhibits be handed out at the expiration of the period
of twenty-one (21) days unless an appeal from the judgment of Lockhart J. is lodged 1n the meantime.
IN_THE FEDERAL COURT OF AUSTRALIA } NEW SOUTH WALES DISTRICT REGISTRY "° G36 of 1980 GENERAL DIVISION
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