The Confederation of Australia Sport Inc. v. Hujod Pty Ltd & Ors [1985] FCA 483

AG3

(NOT INTENDED FOR PUBLICATION OR DI

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG No.

GENERAL DIVISION

EX TEMPORE JUDGMENT

Between:

And:

THE CONFEDERATION OF AUSTRALIAN SPORT

INCORPORATED

(Applicant)

HUJOD PTY. LTD. and

Coram: Smithers J.

Date: 22 August 1985

REASONS FOR JUDGMENT

HIS HONOUR: The applicant did seek

GRAHAM G. LOVETT

(Respondent )

an interlocutory

injunction in accordance with the terms of the

application, which would mean that the respondent would

be restrained from using the name "Sport Australia" in

connection with his business.

eer -

2-0 D

As the matter has developed it has been put to me that the real relief which the applicant would regard as proper would be an injunction to restrain the respondent from advertising over the air or on television or in the newspapers the name "Sport Australia" in connection with

his business.

It appears that in 1977 the applicant, being a senior executive of Dunlop Australia, conceived the idea that

the words "Sport Australia" had potential as a name for a business dealing 1n some aspects of sport. The immediate aspect was probably the selling of sporting

goods, or perhaps consultancies, and perhaps management

of sportsmen.

As a result, Dunlop registered a company called "Sport Australia Export Pty Limited" and later it also registered a company with the name "Sport Australia Pty Limited". Sport Australia Export Pty Limited carried on trade exporting sporting goods, using the trade name "Austral" for the goods that it sold and possibly

engaging in other aspects of sporting exploitation.

Sport Australia Pty Limited did not itself actually trade. In 1978 the applicant left Dunlop and it was part of the arrangement, under which he ceased to serve Dunlop, that the benefit and entitlement, sofaras there was such, that Dunlop had in the name "Sport Australia",