Federal Court of Australia
Trade Practices - consumer protection - misleading and deceptive conduct - application for interlocutory injunction - sale of Lambrusco wines - similarity in get-up of second respondent's product to that of first applicant - whether words "Lambrusco Amabile" simply descriptive - balance of convenience - whether refusal of injunction will cause irreparable damage to applicants
- difficulty in assessing loss to respondents if interlocutory
injunction granted and applicants' claim ultimately unsuccessful
Trade Practices Act 1974 s.52
GAVIOLI LUIGI & FIGLI S.N.C. and EUROPEAN FOODS WHOLESALERS PTY. LID. v. G.J. COLES & CO. PTY. LTD. and ORIFICI HOLDINGS PITY. LTD.
No. WA G55 of 1983
Toohey J. Perth 21 December 1983
IN THE FEDERAL COURT
OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA G of 1983
BETWEEN: GAVIOLI LUIGI & FIGLI S.N.C.
First Applicant
and
EUROPEAN FOODS WHOLESALERS PTY. LTD
Second Applicant G.J. COLES & CO. PTY. LID.
First Respondent and
ORIFICI HOLDINGS PTY. LTD.
Second Respondent
QO R D E R
- JUDGE MAKING ORDER : Toohey J.7~ DATE OF ORDER : 21 December 1983 WHERE MADE 3 Perth THE COURT ORDERS THAT: 1. The applicants' claim for aunterlocutory
injunctions against the respondents is
dismissed.
a
2.
The parties have liberty to apply as to the costs of the application for interlocutory
injunctions.
The parties have liberty to apply for directions as to the hearing of the
application.
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WA G of 1983 DISTRICT REGISTRY ) GENERAL DIVISION )
BETWEEN:
GAVIGLI LUIGI & FIGLI 5.N.C.
First Applicant and
EUROPEAN FOODS WHOLESALERS PTY. LTD
Second Applicant G.J. COLES & CO. PTY. LTD.
First Respondent
and
ORIFICI HOLDINGS PTY. LTD.
Second Respondent
CORAM: TOOHEY J.
21 December 1983 REASONS FOR JUDGMENT
Lambrusco is a wine qrape grown in the region north of Florence, Italy. There is more than one type of Lambrusco grape; Lambrusco Reggiano, Lambrusco di Sorbara, Lambrusco Grasparossa di Castelvetro, Lambrusco di Parma and Lambrusco Salamino di S. Croce are mentioned in the literature. Mr. Hugh Johnson's Pocket Wine
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