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 them; (b) from falsely representing, whether expressly or by implication, that the perfumes offered for sale by the respondent are substitutes or virtual (c) {d) (e) (£) substitutes in fragrance for the epplicant's perfumes or any of them; from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondents are a replica or a virtual replica of the applicant's perfumes of any of them; from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondent are indistinguishable or virtually indistinguisheble from the applicant's perfumes or any of them; from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondent are the applicant's perfumes or any of them; from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondent are of the same or virtually the same standard, quality, grade and/or composition as the applicant's perfumes or any of them; perme meen? errata Riek rceteen sd Mamata SEE Neate ee daNSevemrnatie eesti ane omataet Melina eaten mt tet mes mete Lat eRe ne a RLM atta, A KR Seana hate meneame N we Ramee ma Neb (g) from engaging in conduct that is Jivble to mislead the public as to the nature, the manufacturing process or the characteristics of the perfurcs or any of them offered for sale by the respondents, and each of those conducts constituting breaches of the Trade Practices Act 1974 or being contrary to the provisions of that Act. I do not propose to make any order for costs apart from reserving the costs. I have heard what Mr. Robson has said, these are interlocutory proceedings and the normal procedure is that costs be costs jn the cause or reserved. It seems to me, despite what has been said, it is appropriate that costs should be costs in the cause in this matter. etm ae So ee DU Ree 1 certify that this and the theae (3) pieceding pages are a true copy of the Reasons for Judgment Leiem of the Honourable Mr. Justice wo thre , a, Ath sedente Associate g { > . . j Deted: UY DEctaper J9S1 & SAL STA ee. re ter TI et ete Stee ewer eer ee tree re ee eee ee ee - -