Chase Manhattan Overseas Corporation v. Chase Corporation Ltd [1985] FCA 640

JUDGMENT No. .2.4-QI 8.0...

CATCHWORDS

TRADE PRACTICES AND PASSING OFF - Use by first respondent of name 'Chase' - Applicants carrying on banking business, overseas and in Australia, under titles including the word 'Chase' - Respondent New Zealand property developer commencing to operate in Australia under name used in New Zealand - Whether New Zealand reputation of respondent is relevant to question whether use of name likely to mislead or deceive - Significance of associations by various witnesses of name 'Chase' standing alone - Relevance of answers of seleced interviewees in market survey - Whether investors in Chase Corporation likely to be misled into associating that company with applicants - Significance of lack of common field of activity in trading activities with Chase

Corporation - Possibility of effect upon applicants by adverse publicity relating to first respondent.

Trade Practices Act 1974 ss.52, 53, 53A.

Taco Company of Australia Inc. v. Taco Bell Pty Limited (1982) 42 A.L.R. 177, Hornsby Building Information Centre Pty Limited v. Sydney Building Information Centre Pty Limited (1978) 140 C.L.R. 216, World Series Cricket Pty Limited v. Parish (1977) 16 A.L.R. 181, Global Sportsman Limited v. Mirror Newspapers Limited (1984) 55 A.L.R. 25, Parkdale Custom Built Furniture Pty. Limited v. Puxu Pty. Limited (1982) 149 C.L.R. 191 Erven Warnink Besloten Vennootschap v. J. Townend & Sons (Hull) Limited (19793 A.C. 731 applied. .

Bridge Stockbrokers Limited v. Bridges (1984) 57 A.L.R. 401,Fletcher Challenge Limited v. Fletcher Challenge Pty Limited £19817 1N.S.W. L.R. 196 McDonald's System of Australia Pty Limited v. McWilliam's Wines Pty Limited (1979) 28 A.L.R. 236, A. Bailey & Co. Limited v. Clark, Son and Morland (1938) 55 R.P.C. 253, Henderson v. Radio Corporation Pty Limited (1960) 60 S.R. (N.S.W.) 576, Scott v. Tuff-Kote(Australia)Pty Limited £19751 1