Federal Court of Australia
A30
CATCHWORDS Trade Practices - appellant about to commence business under the name "Bridge Stockbrokers Limited" - respondents an established stockbroking firm known as "Bridges Son & Shepherd" and often referred to as "Bridges" - whether proposed use of the name "Bridge
Stockbrokers Limited" is merely confusing or is misleading or deceptive conduct or conduct likely to mislead and deceive - application of the objective test a matter for the Court - form of
aunjunction.
Trade Practices Act 1974, s. 52.
BRIDGE STOCKBROKERS LIMITED and GREGORY P. MOORE v. BRIDGES & ORS.
and BRIDGES & ORS. v. BRIDGE STOCKBROKERS LIMITED and GREGORY P. MOORE
No. G 275 of 1984
Smithers, Woodward & Lockhart JJ. 14 December 1984 Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY )
)
GENERAL DIVISION }
No. G 275 of 1984
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN:
B
E
Judges Making Order: Smithers, Woodward
Date of Order: 14 December 1984
Where Made: Svdney
ORDER
THE COURT ORDERS THAT:
1.
2.
The appeal be dismissed.
BRIDGE STOCKBROKERS LIMITED and GREGORY P. MOORE
Appellants BRIDGES & ORS.
Respondents BRIDGES & ORS.
Cross Appellants
BRIDGE STOCKBROKERS LIMITED and GREGORY P. MOORE
Cross Respondents
& Lockhart JJ.
The appellants pay the respondents' costs of and incidental
to the appeal.
The cross-appeal be allowed.
4. The Order of the trial Judge that:
"3,
The First respondent by itself its servants and agents be restrained from selling, offering for sale, providing or advertising any of its services or otherwise carrving on its business under any name including the word "BRIDGE" without clearly distinguishing such business from the business carried on by, the Applicants under the name
"BRIDGES SON & SHEPHERD.""
be set aside and the following be substituted:
"3,
Unless and until the Court otherwise orders, the first respondent bv itself 1t servants and agents be restrained from using or carrying on business under any name or style having as its first word "Bridge" or "Bridges"; and liberty be reserved to Bradge Stockbrokers Limited and Gregory P. Moore to apply toa single Judge of this Court for any variation to this order."
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