Federal Court of Australia
D2 ; CATCHWORDS Trade practices - consumer protection - motion for interlocutory injunctions - advertising and telephone entries using inter alia the name "Whirlpool" - whether misleading and
deceptive conduct - whether public would believe that
there was a connection between applicant or its "Whirlpool" products and respondent or that respondent
was affiliated with applicant.
Trade Practices Act; s. 52, para. 53(c), (d), s. 74.
MALLEYS LIMITED v. WHIRLPOOL AUSTRALIA PTY. LIMITED, ROBYN JULIE SUTHERLAND, AUSTRALIAN TELECOMMUNICATIONS COMMISSION t
G. 127 of 1984
LOCKHART J. 9 May 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G. 127 of 1984
GENERAL DIVISION
BETWEEN : MALLEYS LIMITED Applicant AND: WHIRLPOOL AUSTRALIA PTY.
First Respondent AND: ROBYN JULIE SUTHERLAND
Second Respondent
AND: AUSTRALIAN TELECOMMUNICATIONS COMMISSION
. Third Respondent
CORAM: LOCKHART J.
9 May 1984
SHORT MINUTES OF ORDER The Court orders by consent that:
1. The first and second respondents by themselves, their servants or agents be restrained from using in trade or commerce the combination of the word "Whirlpool" and the logo appearing above that word in the form in which the word and logo appear in annexure "A" to this Order or any other combination of such word and logo or any similar logo or any part of any such logo or any
combination of the letter "W" and such logo or any similar logo
Ww .
Tr
or any part of any such logo or any document or thing on which appears any combination of the word "Wharlpool" or the letter "A"
and any such logo or any part of any such logo.
2. The first and second respondents by themselves, their
servants or agents be restrained from publishing or causing or allowing to be published in the 1984 edition or any future edition of the Sydney White Pages telephone directory, the Sydney Yellow Pages telephone directory, the Sydney Pink Pages telephone directory, the Canterbury and Bankstown Districts Community Phone
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