Federal Court of Australia
Trade practices - Misleading or deceptive conduct - ainterlocutory injunctive relief - descriptive name for sun protection products - mame well known - use of similar name for respondent's products - likelihood of mistaken belief by public that respondent's products are from the same source as the applicant's products - whether interlocutory relief ought to be granted.
McWilliam's Wines Fty. Ltd. v. McDonald's System of Australia Pty. Ltd. (1980) 33 A.L.R. 394
Hornsby Buildirg Information Cantre Pty. Ltd. v. Sydney Building Information Centre Pty. Ltd. (1978) 140 C.L.R. 226
Clarke v. Ryan (1960) 103 C.L.R. 486
Parkdale Custom Built Furniture Pty, Ltd. v. Puxu Pty. Ltd. (1982) 149 C.L.R. 191
American Cyanamid Case £19751 A.C. 396
Trade Practices Act 1974 - ss. 52(1), 53{c)
PRESTIGE SUNGLASSES PTY. LTD. v. BERNHAUT NOMINEES PTY. LTD. AND ORS.
NO. VG182 of 19985
Jenkinson J. Melbourne September, 1985
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIAN DISTRICT REGISTRY ) NO. VG182 of 1985 iS GENERAL DIVISION ) .
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BETWEEN: PRESTIGE SUNGLASSES. 'pry.
Applicant
AND: BERNHAUT NOMINEES PTY. LTD., ADAM BERNHAUT and JOHN MICHAEL GAFFY, SUZANNE MARGARET GAFFY and PARAWAY PTY. LTD. (trading as JOHN GAFFY AGENCIES }
Respondents
CORAM: Mr. Justice Jenkinson DATE: 3 September, 1985 PLACE Melbourne
MINUTES OF ORDER
Upon the first named respondent by its counsel undertaking that until the hearing and determination of this proceeding or further
order it will keep true account of its sales and other dispositions in trade or commerce of each of the products for application to human skin with which it is or shall be concerned in trade or commerce and the name of which includes or shall include the word "Le" and will in keeping such account record all prices, quantities and descriptions of goods and all parties in respect of the said sales and dispositions It Is Ordered That:
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