Federal Court of Australia
CATCHWORDS '
Trade practices - misleading or deceptive conduct - representation that goods have sponsorship or approval which they do not have - interlocutory injunctive relief - use of distinctive trade name by members of group of traders in motor vehicle accessories - "Rutobarn" - acquisition of reputation and goodwill in name - registration of deceptively similar business name "Auto Barn" by trader in motor vehicle accessories.
Trade Practices Act 1974 - ss. Business Names Act 1962 (Vic.) - ss
52, 53(c), S53(d), 30(2) - 5, 1114), 12(3), 13, 18, 19
Meyers v. Casey (1913) 17 C.L.R. 390
Ford v. Foster (1892) L.R. 7 Ch. 611
Kettles and Gas Appliances Ltd. v. Anthony Horden and Sons Ltd. (1934) 35 S.R. (N.S.W.) 108
Tec and Thomas (Aust.) Pty. Ltd. v. Matsumiya Computer Co. Pty. Ltd. (1984) 53 A.L.R. 167
State of Queensland v. Australian Telecommunications Commission \1985) 59 A.L.R. 243
Fletcher Challenge Ltd. v. Fletcher Challenge Pty. Ltd. C1981] 1 N.S.W.L.R. 196
ASPAR AUTOBARN CO-OPERATIVE SOCIETY LIMITED AND ORS. v. DOVALA PIY. LTD. AND ORS.
VG295 of 1986
Jenkinson J. Melbourne 13 August, 1986
IN THE FEDERAL COURT OF AUSTRALTA ) VICTORIA DISTRICT REGISTRY + NO. VG295 of 1986 GENERAL DIVISTON J
BETWEEN: ASPAR AUTOBARN CO-OPERATIVE SOCIETY LIMITED AND ORS.
Applicants
AND: DOVALA PTY. LTD. AND ORS.
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER: Jenkinson J. DATE OF ORDER: 13 August, 1986 WHERE MADE: Melbourne
Upon each applicant by his or its counsel undertaking to the Court that he or it will pay to any party adversely affected by any of the orders numbered 1 and 2 such compensation (if any) as the Court thinks just, in such manner as the Court directs and that in the event that the claims for relief specified in Paragraph 4(b) of the originating application herein be ultimately refused in this proceeding he or it will pay all costs incurred by the respondent Dovala Pty. Ltd. in or in connection with the change of name hereinafter ordered to be effected And upon the applicant Aspar Autobarn Co-operative Society Ltd. by its counsel undertaking that it will forthwith apply for registration of the name "Autobarn" under the Business Names Act 1962 of the State of Victoria and that in the event that the claims aforesaid be ultimately refused in this proceeding it will at its own cost do all such acts and things and execute all such documents as may be necessary or desirable to be done or executed in order to enable the respondent Dovala Pty. Ltd. to assume once more its registered business name "Auto Barn"
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