Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Application for continuation of ex parte injunction - Production and distribution by respondents of T-shirts substantially identical to those sold by, or in association with, applicants - Knowledge by section of public of sale by or on behalf of applicants of clothing - Likelihood of deception of that section - Whether adoption by respondents of name "Bootleg Industries" and use of disclaiming stickers and labels avoids likelihood of purchasers being misled or deceived.
PASSING OFF - Use of plaintiffs' name by defendant - Wrongful appropriation of plaintiffs' name and reputation.
COPYRIGHT - Design "applied industrially" by application to T-shirts - Design not registered under Designs Act in respect of T-shirts - Effect of s.77 of Copyright Act.
Trade Practices Act 1974 ss.52, 53, 75B Copyright Act 1968 ss.10, 32, 33, 74, 77 Designs Act 1906 ss.4, 17, 20, 23, 30
Office Cleaning Services Limited v Westminster Window and General Cleaners Limited (1946) 63 RPC 39, Australian Woollen Millis Limited v F 3 Walton & Company Limited (1937) 58 CLR 641, Nostac Enterprises Pty Limited v New Concept Import Services Pty Limited (1981) ATPR 40-235, Radio Corporation Pty Limited v Disney (1937) 57 CLR 448, Lego System Aktieselskab v Lego M Lemeistrich Limited £19831 FSR 155, Erven Warnink Besloten Vennootschap v J Townend & Sons (Hull) Limited £1979] AC 731, Henderson v Radio Corporation Pty Limited £1960] SR (NSW) 576, TPotalization Agency Board v Turf News Pty Limited £1967] VR 605 applied.
Chase Manhattan Overseas Corporation v Chase Corporation Limited (Wilcox J, 24 December 1985, not reported), Global Sportsman Limited vy Mirror Newspapers Limited (1984) 55 ALR 25, Hornsby Building Information Centre Pty Limited v Sydney Building Information Centre Pty Limited (1978) 140 CLR 216, Abundant Earth Pty Limited v R C Products Pty Limited (1984) 59 ALR 211, Littlewoods Pools Limited's Application (1949) 66 RPC 309, Tavener Rutledge Limited v Trexapalm Limited £1977] RPC 275 referred to.
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