Federal Court of Australia
CATCRWORDS
"Trade Practices - Copyright ~- Interlocutory injunction
Simila1 products - similarity of packaging and television advertising - breach of Copyright Act - breach of Trade
Practices Act - Relevant market under Trade Practices Act.
Copyright Act 1968 (Cth.), ss. 10, 32, 35, 77, 115, 117 Trade Practices Act 1974 (Cth.) ss. 52, 80, 82
DAIRY VALE METRO CO-OPERATIVE LIMITED v. BROWNES DAIRY
LIMITED S A. NO. G33 OF 1981 TOOHEY J.
AT DARWIN
27 May 1981
IN THE FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
S.A. No. G33 of 1981
we ee
BETWEEN. DAIRY VALE METRO CO-OPERATIVE LIMITED
- Applicant and
BROWNES DAIRY PTY LIMITED
- Respondent
May 1981 CORAM: TOOHEY J.
REASONS FOR DECISION
Two applications for interlocutory injunctions are before the Court. As a matter of convenience they have been heard togethec, the evidence in one to be evidence in the other. Indeed they have a common origin in a joint application lodged in the District Registry of South Australia. They have emerged as two applications, this one by Dairy Vale Metro Co-operative Limited, transferred by order of Fisher J. to the District Registry of Western Australia, and another by George Weston Foods Limited begun in Western Australia. It is appropriate to discuss
both matters in one set of reasons.
Dairy Vale was incorporated in South Australia. George Weston was incorporated in New South Wales and is registered in Western Australia as a foreign company. Both companies and the respondent Brownes Dairy Pty. Limited are concerned in the
preduction and distribution of dairy products including yoghurt.
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Since about May 1980 Dairy Vale has produced and distributed within South Australia yoghurt under the name of "Eve". It is sold in cartons of different sizes, all bearing a distinctive combination of name and picture. On 1 April 1981 Dairy Vale entered into a franchise agreement with George Weston whereby the latter was granted an exclusive licence to sell yoghurt pro- ducts under the Eve label in Western Australia. The agreement is expressed to continue for a period of three years and to be extended automatically from year to year thereafter until determined by notice as provided in cl.7 of the franchise agreenert The considerable success of this product in South Australia
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