Federal Court of Australia
CATCHWORDS
Trade Practices - Consumer protection - misleading or deceptive conduct - conduct likely to mislead or deceive - passing off - use of logo by island guesthouse containing silhouette of island - similar logos used by booking and travel agent in advertising relating to island - whether deceptive or misleading conduct or likely to mislead or deceive - whether passing off.
Trade Practices Act 1974, ss. 52, 53(c)(d).
Pinetrees Lodge Pty. Limited -v- Atlas International Pty. Limited
N.S.W. No. G21 of 1981
Coram: Ellicott J.
22 September 1981
Sydney
rey
IN THE FEDERAL COURT OF AUSTRALIA
SYDNEY DISTRICT REGISTRY No. G21 of 1981
GENERAL DIVISION
PINETREES LODGE PTY. LIMITED
Applicant
ATLAS INTERNATIONAL TRAVEL PTy. LIMITED trading as "Lord Howe Island Tourist
Centre" Respondent ORDER
JUDGE MAKING ORDER: Ellicott J. DATE OF ORDER 13 October 1981 WHERE MADE: Sydney THE COURT ORDERS THAT:- 1. The respondent, by itself, 1ts servants and
agents be restrained from using in trade or commerce the logo being annexure "P" to the affidavit of Bruce McFadyen sworn on 23 March
1981 and filed herein.
nay
2.
Either party have liberty to apply. That the respondent pay four-fifths of the
applicant's costs of these proceedings.
AN
IN THE FEDERAL COURT OF AUSTRALIA ) )
SYDNEY DISTRICT REGISTRY ) No. G21 of 1981
)
GENERAL DIVISION )
PINETREES LODGE PTY. LIMITED
Applicant
ATLAS INTERNATIONAL TRAVEL PTY. LIMITED trading as "Lord Howe Island Tourist Centre"
Respondent
CORAM: ELLICOTT J.
REASONS FOR JUDGMENT
Pinetrees Lodge Pty. Limited (the applicant) conducts a guest house on Lord Howe Island. It has brought these proceedings against Atlas International Travel Pty. Limited (the respondent) claiming that the respondent has in trade or commerce engaged in conduct that 1s misleading or deceptive or is likely to mislead or deceive in breach of s.52 of the Trade Practices Act 1974 (the Act), that it has committed breaches of s.53(c) and (a) of the Act and
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