Strathfield Car Radios Pty Ltd v. Ryda Car Radios Pty Ltd [1986] FCA 227

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CATCHWORDS TRADE PRACTICES - Misleading or deceptive conduct - Advertisement in "Sydney Yellow Pages" - Similarity to name under which applicant carries on business - Application for

interlocutory injunction - Whether serious question to be tried ~ Balance of convenience.

INJUNCTION - Interlocutory - Test to be applied in determining whether injunction should be granted.

Trade Practices Act 1974 (Cth), s.52

STRATHFIELD CAR RADIOS PTY. LTD. v. RYDA CAR RADIOS PTY. LTD. & ANOR.

Neaves J. 11 June 1986

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

No. G 168 of 1986

GENERAL DIVISION

JUDGE MAKING ORDER DATE OF ORDER WHERE MADE

BETWEEN: STRATHFIELD CAR RADIOS PTY. LTD.

Applicant AND: RYDA CAR RADIOS PTY. LTD.

First Respondent

THEFT GUARD ALARMS PTY. LTD.

Second Respondent

MINUTE OF ORDER

Neaves J.

11 June 1986

: Sydney

THE COURT ORDERS -

1.

Upon Strathfield Car Radios Pty. Ltd. ("the applicant") by its counsel giving the usual undertaking as to damages, Ryda Car Radios Pty. Ltd. ("the first respondent") and Theft Guard Alarms Pty. Ltd. ("the second respondent") and each of them be restrained, whether by themselves, their servants or agents or otherwise, from causing to be published in the 1987 edition of the official Classified telephone directory published by or on behalf of the Australian Telecommunications Commission (Telecom Australia), a publication commonly known as the "Sydney Yellow Pages", an advertisement in the form of the advertisement appearing at the bottom left hand side of p.1512 of the 1986 edition of the said publication or an advertisement in respect of their respective businesses or either of them which includes the word "Strathfield" in such a manner as to be likely to cause members of the public to believe that the business being advertised is that of the applicant.