R. & C. Products Pty Ltd v Abundant Earth Pty Ltd & Ors [1984] FCA 286

CATCHWORDS

Trade Practices - consumer protection - misleading and deceptive conduct - applicant markets a vegetable oil cooking aid sold in aerosol cans under the name "pure and simple" - respondent company markets mustard sold in jars under the name "Pure & Simple" - undertaking proferred by respondents to affix a sticker to the

jars of mustard disclaiming any association with the spray -

whether respondent company's conduct 1s in contravention of

$.52(1) - and whether injunction granted.

Trade Practices Act 1974: ss.52; 53; 75B; 80(4);

R & C Products Pty., Ltd., v Abundant Earth Pty., Ltd., and Ors

G106 of 1984.

Sweeney, J. 17 September, 1984

Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY

NO. G106 OF 1984

~~

GEN: DIVISION

BETWEEN: R. & C. PRODUCTS LIMITED Applicant

AND: ABUNDANT EARTH PTY LIMITED First Respondent MARLENE ROTH SNIDER Second Respondent DAVID ROSS SNIDER Third Respondent JOHN AVERY GOODYEAR Fourth Respondent

DAVID GILLAIRD MEREDITH Fifth Respondent

Judge Making Date:

Where Made:

Order: Sweeney, J. 17 September, 1984

Sydney

THE COURT ORDERS AND DECLARES THAT:

1.

that the respondent company has, in trade or commerce, engaged in conduct that was misleading or deceptive in contravention of

s.52(1) of the Act.

that the second, third, fourth and fifth respondents were, and each of them was, involved in that contravention, within the

meaning of the Act.

that the respondent company by itself its servants or agents be restrained in trade or commerce from advertising, promoting, displaying, offering for sale, selling or otherwise i1n trade or commerce dealing with mustard and other foodstuffs other than mustard and foodstuffs marketed by the applicant under

er by reference to the name "Pure and Simple"

or any name substantially identical with or deceptively similar to the name "Pure and