Federal Court of Australia
zea CATCHWORDS (ee
Trade Practices - Application for suspension of operation of interim injunction restraining respondents from using the word "Visa" in connection with business name - Application to use word "Visa" with disclaimer of association - Consideration of effectiveness of disclaimer - Consideration
of balance of convenience - Mitigation of interim loss of
goodwill.
Trade Practices Act, s.52 Travel Agents Act, 1973 (N.S.W.)
Visa International Service Association v. Beiser Corporation Pty. Limited; Mark Beiser; Jack Beiser
No. G167 of 1983
Beaumont, J. 16 August, 1983. Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION No. G1l67 of 1983
BETWEEN : VISA INTERNATIONAL SERVICE ASSOCIATION
Applicant
AND BEISER CORPORATION PTY. LIMITED MARK BEISER JACK BEISER
Respondents ORDER Judge making order; Beaumont, J. Date of order: 16 August, 1983. Where made: Sydney THE COURT ORDERS THAT: 1. I grant leave to the first respondent to use the name
"World Visa Travel Service" 1n connection with its ragistration as a travel agent under the provisions of the Travel Agents Act, 1973 (N.S.W.) or under any similar legislation and in
connection with its accreditation with International Air
Transport Association ("T.A.T.A."). Leave is otherwise refused. 2. ZI suspend the operation of the injunction (being
Order 1 made on 25 July, 1983) up to and including
22 August, 1983.
3. I order that the costs of this application be the
applicant's costs in the proceedings.
4, I fix 16 August, 1983 as the date within twenty one days after which any notice of appeal shall be filed and
served for the purposes of Order 52 Rule 15(1) (a) (211).
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION No. G167 of 1983
BETWEEN VISA INTERNATIONAL SERVICE ASSOCIATION Applicant
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