Federal Court of Australia
CATCHWORDS Trade mark - service maérk - action fer infringement = "Caterpillar" registered for both goods and services - whether
use of mark for services likely to deceive or cause confusion - whether "Caterpillar" used in good faith to describe character or
quality of services.
Trade Marks Act 1955, ss.58(1), 62(1), 64(1)(b).
CATERPILLAR LOADER HIRE (HOLDINGS ) PTY. LTD. (tradin as Willougby's Caterpillar Loader Hire Service), MILJAN ANTON
WILLOUGHBY and BARBARA JEAN WILLOUGHBY v. CATERPILLAR TRACTOR CO.
No. G26 of 1982
Franki, Lockhart and Neaves JJ. 19 July 1983
Adelaide
IN THE FEDEPAL COURT
to co
JUDGES MAKING ORDER : DATE OF ORDER: WHERE MADE:
THE COURT ORDERS THAT:
ON APPEAL TROM TYE SUPREME COURT OF SOUTH AUSTRALIA
CATERPILLAR LOADER HIRE (HOLDINGS) PTY. LID. (trading as Willoughbv's Caterpillar
. Loader Hire Service), MILJAN ANTON WILLOUGHBY and BARBARA
JEAN WILLOUGHBY Appellants
- and -
CATERPILLAR TRACTOR CO.
Respondent
Franki, Lockhart and Neaves JJ. 19 July 1983
Adelaide
1. Each of the defendants being the defendant Caterpillar Loader
Hire(Holdings) Pty. Ltd.
by itself, its directors. servants
and agents and Miljan Anton Willoughby and Barbara Jean Willoughby be restrained from infringing the trade mark "Caterpillar" registered in the plaintirtzl s name wunaer tne
tu
as No 277469 in relation ainter alza to rental ana leasing services in respect cio macninery ana #culpment seing services included in Class 36) and che trade mark "Cateroillar" vegistered in the plaintiff's name under the
Trade Marxs Act 1955 in Part A of the Register of Trade Marks
as No. 327470 in relation inter alia to rental and leasing
¢
services in respect of machinery and equipment including the hire of bulidozers and other earth moving machines (being
services included in Class 37).
Order 1 is stayed for fourteen (14) days and the matter is remitted to the Supreme Court of South Australia for the hearing of any application which the appellants may wish to make for a further stay of that order for a reasonable
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