Federal Court of Australia
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CATCHWORDS
TRADE PRACTICES - Misleading or deceptive conduct - Representation that goods have a particular standard or quality - Misleading conduct in relation to characteristics of goods - Fragrance advertised as "like" certain well known perfumes - Statements made that even an expert could not teli difference - Evidence to show a prima facie basis that aroma of fragrances was unlike that of the perfumes - Use of packaging describing the fragrances as "like" the perfumes - Application for interlocutory iuniunction.
PRACTICE - Application for orders requiring respondents to disclose information regarding source of supply of fragrances and their packagind.
Norwich Pharmacal Co v The Customs and Excise Commissioners £19741] A.C. 133 applied.
Trade Practices Act 1974 ss.52, 53{a), 55.
N.S.W. G 135 of 1985
BENTLEY FRAGRANCES PTV LIMIVED and CHARLES OF THE RITZ GROUP LIMITED v GDR CONSULTANTS PTY LIMITED and ALIMEAST PTY LIMITED
Wilcox J. Svdnev
7 June 1985
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES' DISTRICT REGISTRY
GENERAL DIVISION
CORAM; WILCOX J. DATE: 7 JUNE 1985 PLACE: SYDNEY
THE COURT ORDERS THAT:
l. The respondents. each of them,
BETWEEN
AND:
No. 135 of 1985
BENTLEY FRAGRANCES PTY EIMTTED
First Applicant
CHARLES OF THE RiTZ GROUP LIMITED
Second Applicant
GDR _ CONSULTANTS PTY
LIMITED
First Respondent ALIMEAST PTY LIMITED
Second Respondent
MINUTE OF ORDERS
their servants and
agents be restrained until further order from
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engaging in conduct in trade and commerce that 15
misleading and deceptive or likely to mislead or
deceive by:
(a)
(b)
using or causing to be used the names "L'Air du Temps", "Oscar de la Renta" and "Oprum" or any of them in any brochure, literature, advertisement or writing or in any container or packaging used for or in connection with the manufacture. distribution or sale of any perfume, perfume concentrate, parfum de toilette or eau de toilette; or
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