Federal Court of Australia
CATCHWORODS
INTERLOCUTORY INJUNCTION - applicant alleges that the respondent's conduct in using the words "Pool Professionals"
contained misrepresentations within the meaning of s.52 of the
Trade Practices Act - words used by the respondent to emphasise pool professionalism, not to trade under - no evidence of actual confusion - evidence inadequate to support a finding that there was a triable issue - respondent engaged in a marketing campaign - balance of convenience - injunction refused.
Trade Practices Act 1974, s. 52
JENNIFER FREEMAN and BERNARD KINGSLEY carrying on business under the registered business name "THE POOL PROFESSIONALS" v. ABEL LEMON & CO PLY LTD
QLD G12 OF 1983
FITZGERALD J. ' BRISBANE 14 DECEMBER 1983
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G121 of 1983
GENBRAL DIVISTON )
BETWEEN :
JENNIFER FREEMAN and BERNARD KINGSLEY carrying on business under the registered
business name "THE POOL PROFESSIONALS" of 19 Water Street, Southport in the State of
Queensland Applicants AND: ABEL LEMON & COQ PYY LTD Respondent FITZGERALD J. 16 DECEMBER 1983
REASONS FOR JUDGMENT
On Wednesday this week, 14 December 1983, I dismissed an
ro
application for interlocutory injunctions restraining the respondent "from using in the conduct of business in Queensland the name of the Applicant's business 'The Pool Professionals'" and from "engaging in any conduct which is likely to mislead the public into believing that the Respondent's business conducted in the State of Queensland is the business of the Applicant". Directions were given and dates for trial in February 1984 have 'been fixed. The application for an interlocutory injunction was refused at the end of the hearing and I then indicated that I
would provide reasons as soon as possible, which I now do.
The applicants' business provides services deposed to in
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