Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY )No. G 18 of 1981 ) )
GENERAL DIVISION
IN THE MATTER OF THE TRADE PRACTICES ACT 1974
BETWEEN: ROLLS~ROYCE MOTORS LIMITED, ROLLS-ROYCE LIMITED —SSSSSS Applicants AND: D.I.A. (ENGINEERING) PTY. LIMITED Respondent ORDERS JUDGE MAKING ORDERS: LOCKHART J. DATE OF ORDERS: 5 MARCH 1981 WHERE MADE: AT SYDNEY
Upon the applicants by their counsel giving the usual undertaking as to damages, «
THE COURT ORDERS THAT:
1. The respondent by itself, its servants and agents, be restrained until the hearing of the proceeding or further order, from advertising, promoting, displaying, offering for sale, selling or otherwise, in trade or commerce, dealing with, both at the 1981 International Melbourne Motor Show and elsewhere in Australia, any motor vehicle being a motor vehicle meeting any one or more of the following descriptions: (a) a motor vehicle having a radiator grille a representation of which grille is shown on the motor vehicle depicted in exhibit "Cc" in
these proceedings; or
CATCHWORDS
Trade Practices - alleged breaches of ss. 52, 53, and 55 - production of 1920's - 1930's style car by respondent -
whether either or any of the proposed use of name, emblen, grille and overall appearance of vehicle misleads or deceives
or is likely to mislead or deceive.
Jurisdiction - whether Court's jurisdiction extends to tort of passing off.
Passing off ~ whether production of respondent's car constitutes passing off.
Practice and Procedure - interlocutory relief - factors to
be considered in an application for interlocutory relief.
ROLLS~ROYCE MOTORS LIMITED, ROLLS-ROYCE LIMITED v. D.I.A. (ENGINEERING) PTY. LIMITED
NO. G 18 of 1981 . LOCKHART J. 5 MARCH 1981
AT SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 18 of 1981 ) )
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