Federal Court of Australia
uAalliasy &
IN THE FEDERAL COURT OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY ) NO. SA G44 of 1984 GENERAL DIVISION ) NO. VG 310 of 1984
BETWEEN: WOODROOFE BOTTLERS PTY. LIMITED & ORS.
Applicants
E
BEECHAM (AUSTRALIA) PTY. LIMITED
Respondent
BETWEEN: BEECHAM (AUSTRALIA) PTY. LIMITED
Applicant
WOODROOFE BOTTLERS PTY. LIMITED & ORS.
lg
Respondents
CORAM: Mr. Justice Jenkinson
PLACE: Adelaide
DATE: 18 December, 1984
EX TEMPORE JUDGMENT
Claims for interlocutory injunctions in each of two proceedings. The claims were heard together and the affidavits read in each were by consent of the parties evidence in the other. Beecham Australia Pty. Limited (which I will call "Beecham") is and at material times was a corporation within the meaning of that word in the Trade Practices Act 1974, as also was each of the other companies parties to the proceedings. Beecham has since August 1983
been the beneficial owner of three trade marks. Since 4
April 1984, Beecham has been registered under the Trade Marks
2.
Act 1955 as the proprietor of the three trade marks. The
registered trade marks are:
(a) No. B 286987 consisting of a Pub Squash label as of 6 May 1975 in Part B of the
register in class 32 in respect of 'Lemon drinks of all descriptions included in this class';
(b) No. A 301625 consisting of a pub doors device registered as of 27 October 1977 in Part A of the register in class 32 in respect of 'Non-alcoholic beverages of all descriptions included in this class'; and
(c) No. B 308303 consisting of the words 'Pub
Squash' registered as of 20 June 1977 in Part B of the register in class 32 in
respect of 'Squash beverages and squash-type included in class 32.'
Beecham claims further that the word "Pub" is a trade mark under which since 1975 its predecessors, and since August 1983 it, has manufactured and sold soft drinks. It makes a like claim in respect of a get-up which includes the words "Pub" and "Squash" or the word "Pub" with the pub doors
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate