Federal Court of Australia
AM —
Trade Practices - misleading or deceptive conduct - Australian distributor marketing Swedish product under compound trade name - use of part of name by respondent for its similar Australian-made product - comparison of get-up - Whether respondent had sufficiently distinguished its product - likelihood of mistaken belief by retailers or purchasers that respondent's products are from same source as applicants' products - pendent claim for passing off - cross~claim - respondent seeking order directing applicants to publish a retraction of a notice distributed by them to retailers containing false and damaging allegations
against respondent.
Trade Practices Act 1974 - ss.52,53.
VOLCANO (INTERNATIONAL) MEDICAL AB & ORS v VULKAN (AUSTRALASIA)
MEDICAL PTY. LIMITED & ORS
G191 of 1985
CORAM: Bowen C.J.
Sydney
20 September 1985
—
we tee ote 7 -
eacpe ceit ep mp ery
eat uaa aduateematenetenienen Cac auteieeacalier aeeaaee . Bb tl
= i
Volcano (International) Medical AB, Australian Sporting Sales Pty. Limited and Kjell Nilsson pay to Vulkan (Australasia) Medical Pty. Limited, Mark McLaurin-Smith and Thermoskin International Medical Pty. Limited their costs of the application including their costs of the interim injunction.
The cross-claim be stood over to a date to be fixed to enable the cross-claimants to bring in short minutes of order.
Each party has liberty to apply on two days notice.
Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY ) No. G191 of 1985
GENERAL DIVISTON
JUDGE MAKING ORDER:
WHERE MADE:
DATE:
Sydney
) ) '
BETWEEN :
VOLCANO (INTERNATIONAL) MEDICAL AB,
AUSTRALIAN SPORTING SALES PTY. LIMITED, KJELL NILSSON
Applicants
AND:
VULKAN (AUSTRALASIA) MEDICAL PTY. LIMITED
First Respondent
AND:
MARK McLAURIN-SMITH
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate