Federal Court of Australia
—
aw *.
CATCHWORDS Trade Practices ~ Consumer protection - Misleading or deceptive conduct - Use by band of name "Pop Mechanix"
Likelihood of confusion with band using name "Popular Mechanics".
Injunction - Limitation of area in which order operates.
Trade Practices Act 1974, s.52.
SNOID & ORS. v. HANDLEY & ORS.
N.S.W. No. G91 of 1981
Bowen C.J., Northrop and Morling JJ.
11 November 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA)
)
NEW SOUTH WALES DISTRICT REGISTRY) No. G91 of 1981
GENERAL DIVISION
JUDGES MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
l.
) )
IN THE MATTER OF THE TRADE PRACTICES ACT (1974
ANDREW SNOID, PAUL SCOTT, PAUL MASON, KEVIN EMMETT and CHRISTOPHER MOORE
Appellants (Respondents)
CBS RECORDS AUSTRALIA LIMITED
Sixth Appellant (Sixth Respondent)
MARK HANDLEY, RUSSELL HANDLEY, MARTIN BISHOP and GARY MANLEY
RDER
Bowen C.J., Northrop and Morling Jd.
11 November 1981.
Sydney.
The Order made by Ellicott J. on 7 July 1981 be varied by
substituting for paragraph (1) the following:
(1)
The sixth-named respondent by itself its servants and
agents be restrained from engaging in conduct in
trade or commerce in Sydney or Canberra that is misleading or deceptive or is likely to mislead or deceive by using the name POP MECHANIX POP MEX or POP MX or any other colourable imitation of the name POPULAR MECHANICS or of the name POP MECHS in connection with the promotion or the performances in Sydney or Canberra of a band or in connection with the promotion sale supply or distribution in Sydney or Canberra of the music songs recordings or video tapes of or by a band in such a way as to mislead or deceive members of the public into believing that such band is the band known as POPULAR MECHANICS of which the second, third and fourth named applicants
are or have been members.
2. Otherwise the appeal be dismissed. 3. The appellants pay to the respondents their costs of the
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