Federal Court of Australia
CATCHWORDS
Trade Marks - Appeal from the Supreme Court of South Australia - use of trade mark "Caterpillar" - interim injunction pending hearing of the action - balance of
convenience - flexibility of interlocutory injunctions.
TRADE MARKS ACT 1955 ss.58(1), 62(1), 64(1)(b).
CATERPILLAR TRACTOR CO. AND: CATERPILLAR LOADER HIRE
Caterpillar Loader Hire
AND: MILJAN ANTON WILLOUGHBY
S.A. No. G36 of 1981
CORAM: Evatt, Fisher, Ellicott JJ.
ADELAIDE
3 November 1981
BARBARA JEAN WILLOUGHBY
HOLDINGS PTY. LIMITED (trading as Willoughby*
Service
and
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDER DATE OF ORDER
WHERE MADE
THE COURT ORDERS THAT:
ad
S.A. No. G36 of 1981
ON APPEAL FROM MR. JUSTICE ZELLING
OF THE SUPREME COURT OF SOUTH
AUSTRALIA IN ACTION NO.3704 OF 1980
DELIVERED THE 14TH DAY OF JULY 1981
BETWE
ORDER
EN:
:
:
CATERPILLAR TRACTOR CO.
Appellant
CATERPILLAR LOADER HIRE
PTY. LIMITED
trading as Willoughby's Caterpillar Loader Hire
Service)
MILJAN ANTON WILLOUGHBY and BARBARA JEAN WILLOUGHBY
Respondents
EVATT, FISHER, ELLICOTT J.J.
3 NOVEMBER 1981
ADELAIDE
The appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. G36 of 1981
GENERAL DIVISION °
ON APPEAL FROM MR JUSTICE ZELLING OF THE SUPREME COURT OF SOUTH AUSTRALIA IN ACTION NO.3704 OF 1980 DELIVERED THE 14TH DAY OF JULY 1981
BETWEEN: CATERPILLAR TRACTOR CO.
Appellant
AND: CATERPILLAR LOADER HIRE(HOLDINGS
PTY. LIMITED (trading as
Willoughby's Caterpillar Loader Hire Service)
AND: MILJAN ANTON WILLOUGHBY and BARBARA JEAN WILLOUGHBY
Respondents
CORAM: EVATT, FISHER, ELLICOTT JJ. DATE: 3 November 1981
REASONS FOR JUDGMENT
THE COURT: On 18 December 1980 Caterpillar Tractor Co. (the appellant) commenced proceedings against Caterpillar Loader Hire (Holdings) Pty. Limited and its directors Miljan Anton Willoughby and Barbara Jean Willoughby (the respondents) in the Supreme Court of South Australia seeking an injunction restraining them from infringing its registered "Caterpillar" trade marks, The mark "Caterpillar" is registered in the
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