American Airlines Inc. v. Abdalla, A. [1985] FCA 17

= Oo - . \ - Cr yt » hs & \ » ! \ ae } Le ~ "5 Sy ' ' Yy ~s i NOTE:- NOT APPROPRIATE FOR REPORTING on Son_GENEAXT CIRCULATION. (AEW) N COURT OF AUSTRALIA ) ) 'ORTIA 3 REGIS' ) VG NO. 175 of 1984 ) GENERAL DIVISION ) BETWEEN : AMERICAN AIRLINES INC. Applicant and ABRAHAM ABDALLA Respondent

JUDGE: Woodward J. DATE: 5 February 1985

-TEMPORE JUDGMENT

This is a return of a notice of motion seeking that the respondent, Abraham Abdalla, be punished for a contempt of the Court in having committed a breach of an order made by his Honour,

Mr Justice Jenkinson, on 6 July 1984, restraining him from using in trade or commerce a mark or symbol consisting of two capital letters A and any representation of a stooping eagle or consisting of two capital letters A and any representation of any eagle between or above

those said letters.

It is clear that the respondent, who trades under the name of AA Travel, had a large quantity of letterheads and business cards

printed which contained a logo which was at least strikingly similar to that of American Airlines; and when the order was made by

Mr Justice Jenkinson the effect of it was that he was not thereafter able to make use of those business cards or letterheads without making a significant alteration to them. The alteration which he has chosen to make, and which was obviously consistent with the order, was that the stylized eagle, between the two letters, would have to be obliterated in some satisfactory way. That having been done, the letterhead could be used without there being any breach of his

Honour's order; and it seems that, generally speaking, that practice

has been followed by the respondent since the order was made last July. The matter which is now before the Court is the first occasion which has come to the notice of the applicant in which the respondent has failed to take the necessary care with the continued use of his