Federal Court of Australia
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Can taitlttaltnd cise tainamonins, oo Oag. * Mat CATCHWORDS Trade Practices - alleged breaches of ss 52 and 53 -
application for injunction ~ consumer protection - rock music groups - similar names - Popular Mechanics -
Pop Mechanix - whether conduct misleading or deceptive
or likely to mislead or deceive - whether representation that goods or services have sponsorship and approval they do not have - confusion - reputation ~ interpretation of
Trade Practices Act and in particular s.52.
Consumer Protection ~ whether s.52 of Trade Practices Act
limited by heading 'Consumer Protection'.
Injunctions - ss.80 and 82 - whether entitled tc specific or general injunctions - whether entitled to perpetual injunctions - if relevant reputation not shown to extend beyond Sydney or Canberra whether public entitled to protection from deceptive or misleading conduct in these
other places.
Trade Practices Act (1974) ss. 52, 53, 80 and 82
MARK HANDLEY, RUSSELIL HANDLEY, MARTIN BISHOP, GARRY MANLEY
V._ ANDREW _SHOID, PAUL SCOTT, KEVIN EMMETT, CHRISTOPHER MOORE,
PAUL MASON AND C.B.S. RECORDS AUSTRALIA LIMITED
(No. G34 of 1981)
Coram: Eliacott J. Date: 7 To ly 1G Ff
Place: Sydney
Ly
eee ee Ty
IN THE FEDERAL COURT
OF AUSTRALIA No: G34 of 1981
GENERAL DIVISION
PRINCIPAL REGISTRY
wwe eve ew
MARK HANDLEY, RUSSELL HANDLEY, MARTIN BISHOP, GARRY MANLEY
Applicants
ANDREW SNOID. PAUL SCOTT, KEVIN EMMETT, CHRISTOPHER MOORE, PAUL MASON
Respondents
C.B.S. RECORDS AUSTRALIA LIMITED
Sixth Respondent
' ORDERS JUDGE MAKING ORDERS ; ELLICOTT J, DATE OF ORDERS TUESDAY, 7 JULY 1981 WHERE MADE: AT SYDNEY
THE COURT ORDERS THAT;
A. ORDER that until further order of the Court;-
(1) the sixth-named respondent by utself its servants and agents be restrained from engaging in conduct in trade or commerce that is misleading or deceptive or is likely to mislead or deceive by using the name
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