Nostac Enterprises Pty Ltd & Anor v. New Concept Import Services Pty Ltd & Anor [1981] FCA 152

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CATCHWORDS

Trade Practices - Consumer protection - misleading and deceptive conduct - Application to restrain - interlocutory relief - Fictitious and fanciful characters on show bags

and gift packs sold at shows - whether distinction between "show bags" and "gift packs'"' - whether conduct misleading

or deceptive or likely to mislead or deceive - Right to use "Mr Men'' and "Mr Men" characters on show bags granted by licence to applicant under authority of author - whether consent to "Mr Men'' name or characters used on gift sets - whether some likely association by public between the product and those responsible for "Mr Men" books and T.V. series - evidence of deception - not necessary to bring action under s.52 to show rights as against respondent or rights

at all in relation to subject matter of proceedings - Principles for interlocutory relief - balance of convenience

where public interest involved.

Trade Practices Act - (1974) s.52

NOSTAC ENTERPRISES PTY. LIMITED and BENSONS TRADING COMPANY PTY. LIMITED v. NEW CONCEPT IMPORT SERVICES PTY. LIMITED and JOHN VICTOR HUNTER

N.S.W. No. G110 of 1981

ELLICOTT J. - TUESDAY, 1 SEPTEMBER 1981 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY No. G110 of 1981

GENERAL DIVISION

NOSTAC ENTERPRISES PTY. LIMITED and BENSONS TRADING COMPANY PTY. LIMITED

Applicants

NEW CONCEPT IMPORT SERVICES PTY. LIMITED and JOHN VICTOR HUNTER

ORDERS JUDGE MAKING ORDERS: ELLICOTT J. WHERE MADE: SYDNEY DATE OF ORDER: TUESDAY, 1 SEPTEMBER 1981 ORDERS. (1) The court, upon the applicant giving to the court

the usual undertaking as to damages, orders that

the respondents by themselves, their servants and agents and the servants and agents of any of them be restrained until the hearing of the application in this matter or until further order of the court