Parke Davis Pty Ltd v Wilkinson Sword Pty Ltd [1981] FCA 260

CATCHWORDS

Trade Practices - misleading or deceptive conduct ~ false representation ~ interlocutory injunction - applicant and respondent sell"pivoting head razors" and "razor blade

cartridges" in various packs ~- whether the public would be misled or deceived by stickers affixed to the respondent's

packs into thinking that the respondent's product is the same

as, or, that it came from the same source as the applicant's product - whether the stickers falsely represent that the respondent's cartridges have the same performance characteristics, accessories, uses or benefits as the applicant's cartridges.

Trade Practices Act 1974 (Cth.) ss. 52, 53 (c), 80

BETWEEN: PARKE DAVIS PTY. LIMITED AND: WILKINSON SWORD PTY. LTD. NO. G 183 OF 1981

LOCKHART J.

AT SYDNEY

23 DECEMBER 1981

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY )No. G 183 of 1981

)

GENERAL DIVISION ) BETWEEN: PARKE DAVIS PTY. LIMITED Applicant AND: WILKINSON SWORD PTY. LIMITED Respondent

REASONS FOR JUDGMENT

LOCKHART J. 23 DECEMBER 1981

The parties to this dispute are fighting over razors and razor blades. Parke Davis Pty. Limited, the applicant, sells and, since December 1980 has sold, razors and razor blades of various descriptions including what are called in the trade "pivoting head razors" and "razor blade cartridges". For convenience I shall refer to them as razors and cartridges respectively.

From about March or April 1979 to December 1980 these products were sold by the applicant's predecessor in business in Australia, Parke Davis and Company, a United States company which sold its business to the applicant on 31 December 1980.

Certain of the razors and cartridges of the applicant and its predecessor are and, since about March or April 1979 have been, sold in packs bearing the brand name"Ultra"in yellow lettering on a black background. The word"Schick" also appears on the packs and is the registered trade-mark in Australia of Warner—Lambert