Bentley Fragrances Pty Ltd & Charles of the Ritz Group Ltd v Simes Australia Pty Ltd [1981] FCA 27

27 /

IN THE FEDERAL COURT OF AUSTRALIA

NEw SOUTH WALES DISTRICT REGISTRY No. G17 of 1981 GENERAL DIVISION ) Between

BENTLEY FRAGRANCES PTY.LIMITED

and CHARL&S OF THE RITZ GROUP

LiMiTsb—s—CSsSOSSSCSCtit«~'s Applicants

and

SIMES AUSTRALIA PTY. LIMITED

Respondent

CORAM: SHEPPARD J. 16 MARCH, 1981

JUDGMENT

(On application for interlocutory relief)

This is an application for interlocutory relief. The applicants seek to restrain until the final hearing of the proceedings the marketing ty the respondent of a range of perfumes and associated products known as Orient. The second applicant, which 1s incorporated in the state of Delaware in the United Stetes of America, carries on business as a manufacturer, marketer and distributor of fragrances,

cosmetics and toiletries, including those sold under the

trade name Yves Saint Laurent. Amongst tne second applicant's products is a range of products sold uncer

the brand name Opium, This range includes Opium eau de toilette, concentrate perfumes, dusting powders, soaps, bath o1l1s and body creams. The eau de toilette and perfumes are made up from essential oils produced in France and purchased by the first applicant from a related French company, Parfums Yves St.Laurent S.A. Both these perfume products were first sold in Europe in 1977 and were intro- duced into the United States market in 1978. They were first sold in Australia in September 1978. The concentrate is sold in three sizes of containers, and the eau de toilette is sold in five sizes. Shortly after the intro- duction into the Australian merket of the Opium perfume products, the other Cpium products (dusting powder, soap, bath 011 anda body cream) were introduced.

From the time Opium perfume products were introduced into the Australian market in September 1978 until the end of November 1980, total retail sales of the srocucts in Australia amounted to about $2,700,000. Total retail sales in Australia of all Opium products up to tne end of November 1980 amounted to about $2,900,000. The Opium brand of products is sold in 99 countries, and total retail sales worldwide between the time of introduction of the products