Federal Court of Australia
"50 RO pomRe
Trade Practices - misleading or deceptive conduct - claim hy
manufacturers of "Pure & Simple" spray-on vegetable oil that distributors of mustard identified as "pure and simple" in breach of 5.52 - existence and scope of market reputation - whether products part of common field of activity - facts relevant to question of whether public led into mistaken belief by use of same
name - observations on efficacy of disclaimer under 5.52
Trade Practices Act 1974 ss. 52, 75B Trade Marks Act 1955 5.32
ABUNDANT FEARTH PY. LIMITED & ORS. v. R. & C. PRODUCTS PTY. LIMITED
No. G351 of 1984 , we
TOOHEY, MORLING & BEAUMONT JJ.
SYDNEY ool FEBRUARY 1985
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY
GENERAL DIVISTON
BETWEEN :
No. G351 of 1984
ABUNDANT EARTH PTY. LIMITED First Appellant
MARLENE ROTH SNIDER Second Appellant
DAVID ROSS SNIDER Third Appellant
JOHN AVERY GOODYEAR Fourth Appellant
"DAVID GILLAIRD MEREDITH
Fifth Appellant
pte yp owls
R&C PRODUCTS PTY." LIMITED
Respondent
R_& C PRODUCTS PTY. LIMITED Cross-appellant
ABUNDANT EARTH PTY. LIMITED, MARLENE ROTH SNIDER, DAVID ROSS SNIDER, JOHN AVERY GOODYEAR and DAVID GILLATRD MEREDITH
Cross-respondents
ORDER
Judges making order: Toohey, Morling and Beaumont, JJ.
Date order made:
Where made: SYDNEY
22 FEsRvARqy 'FES
THE COURT ORDERS THAT:
1. The orders made herein by C.A. Sweeney, J. on 17 September 1984 be varied by setting aside the liberty
therein reserved to the respondent to apply in relation to
the claim for passing off.
2, The appeal be otherwise dismissed. 3. The appellants pay the respondent's costs of the appeal. 4. The cross-appeal be dismissed. rettiie - far Ay 5. There be no order as to the costs of the
cross-appeal,
IN THE FEDERAL COURT OF AUSTRALIA
)
)
NEW SOUTH WALES REGISTRY ) )
)
GENERAL DIVISION No. G351 of 1984
BETWEEN
"
ABUNDANT EARTH PTY. LIMITED First Appellant
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