Federal Court of Australia
CATCHWORDS
INTERLOCUTORY ~ INJUNCTION - respondents restrained from using a name in advertising or sale of female clothing until trial or further order - use of identical names shown, sufficiently for
' present purposes, to be likely to mislead.
HARTLAND INVESTMENTS PTY LIMITED v. COLES K.M.A. LIMITED (first
respondent) and CRYSTAL CLOTHING INTERNATIONAL PTY LIMITED (second respondent
Qld G116 of 1983
FITZGERALD J. BRISBANE 12 DECEMBER 1983
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISTON
BETWEEN :
) ) QLD Gilé of 1983
HARTLAND INVESTMENTS PTY LIMITED
AND:
COLES K.M.A.
AND:
LIMITED
Applicant
First Respondent
CRYSTAL CLOTHING INTERNATIONAL
PITY. LIMITED
DATE OF HEARING: DATE JUDGMENT DELIVERED: COUNSEL :
- for the applicant
. for the respondent
12 DECEMBER 19383
Second Respondent
7 NOVEMBER 1983 12 NOVEMBER 1983
Mr Robin
instructed by
Messrs Allan Atherton and Co.,
Town Agents for
Messrs Allan and Co
Mr Patterson
instructed by
Messrs Chambers McNab Tully and Wilson
Town Agents for
Messrs Robert Ritchie Bruce
J.L. DAVISON ASSOCIATE TO FITZGERALD J.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G116 of 1983 GENERAL DIVISION ) BETWEEN :
HARTLAND INVESTMENTS PTY LIMITED
Applicant
COLES K.M.A. LIMITED
First Respondent
CRYSTAL CLOTHING INTERNATIONAL PTY. LIMITED
Second Respondent
FITZGERALD J. 12 DECEMBER 1983
REASONS FOR JUDGMENT
On Wednesday this week, 7 December 1983, I made an order, upon the usual undertakings as to damages by the applicant, restraining each of the respondents until trial or earlier order from using the name "Shapes" or any deceptively similar name in or in connection with the advertising or, on or after 17 December 1983, in or in connection with the sale of
articles of female clothing. Directions were given which, if they
.
are complied with, will mean that the matter is ready for trial by the end of February 1984 and costs were reserved. The injunction was granted at the end of the hearing and I then indicated that I would provide reasons as soon as possible, which
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate