Peter Isaacson Publications Pty Ltd v Nationwide News Pty Ltd & anor [1984] FCA 361

CATCHWORDS

3b

Trade Practices - consumer protection - s.52 - rival newspapers of same name - "Sunday Territorian"" -

passing off - cross-restraints.

PETER ISAACSON PUBLICATIONS PTY. LIMITED v. NATIONWIDE NEWS PTY. LIMITED and NORTHERN TERRITORY NEWS SERVICES PTY. LIMITED

No. NTG 33 of 1984

Beaumont, J. 9 November 1984. Sydney.

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY )

GENERAL DIVISION

BETWEEN :

AND.

AND:

AND:

AND:

Judge making order: Date order made:

Where made:

No. NIG 33 of 1984

PETER ISAACSON PUBLICATIONS PTY LIMITED

Applicant NATIONWIDE NEWS PTY. LIMITED First respondent

NORTHERN TERRITORY NEWS SERVICES PLY. LIMITED

Second respondent NATIONWIDE NEWS PTY. LIMITED Cross-claimant

PETER ISAACSON PUBLICATIONS PTY. LIMITED

Cross-respondent

ORDER

Beaumont, J. 9 November 1984.

Sydney

THE COURT ORDERS THAT:

1. The respondents by themselves, their servants and agents be restrained from publishing in the Northern Territory any newspaper under the name "Sunday Territorian" without clearly distinguishing that newspaper from the

newspaper of that name published by the applicant.

2. The cross-respondent by itself, its servants and

agents be restrained from publishing in the Northern Territory any newspaper under the name "Sunday Territorian" without clearly distinguishing that newspaper from the

newspaper of that name published by the cross-claimant.

3. Reserve liberty to any party to apply for further