Chanel Ltd & Anor v Raymond John Peter Mellick [1981] FCA 259

IN THE FEDDCRAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V.G. No. 199 of 1981

GENERAL DIVISION

BETWEEN: CHANEL LIMITED and CHANEL (AUSTRALIA) PTY. LTD. Applicants and RAYMOND JOIN PETER MULLICK Respondent NORTHROP J. REASONS FOR JUDGMENT 18 DECEMBER 1981

I propose to make the interlocutory injunctions as sought by the applicants. I am satisfied that in regard to

the provisions of the Trade Practices Act 1974 and the facts

established in this case, the Court has jurisdiction to make the orders against Raymond John Peter Mellick, a person not being a corporation, based upon trade or commerce among the States and also the use of postal services, and referring in

particular to s.6(1) and (2)(a)(ii) and (iii) of the Act.

On the material before the Court, I am satisfied in the requisite sense that the respondent, Mellick, has been advertising and, by use of brochures, engaging in trade or

commerce among the States, and also by post, in relation Lo

tas

perfumes in such a way as to be in breach of ss.52, 53A and 55 of the Trade Practices Act, particularly in regard to the reference to Chanel 5, Chanel 19, and any other perfume of the applicant, and that the use of the expressions in the advertisement and the pamphlets or brochures is in breach of

those.

The replica of those perfumes and the substitution in fragrance for those perfumes, constitute conduct contrary to the provisions of the sections of the Act to which I have

referred.

Accordingly, the Court orders that untsl] the heating and determination of this application the respondent, Raymond John Peter Mellick, whether by himself or by his servant or agent or otherwise, directly or indirectly, be

restrained -

(a) from falsely representing, whether expressly or by implication, that the perfumes offerred for sale by the respondent are identical to or virtually identical to the applicant's perfumes or any of