Federal Court of Australia
GATCHHORDS Trade Practices 1Consumer Protection) - applicant using sloqan "Funship" to describe its vessel - respondent using theme "Fun
Ships" to describe its liners - whether either party contravened 55.52 and 53 Trade Practices Act 1974 - whether terms descriptive
- conduct looked at as a whole - words not misleading when taken
in context.
Trade and Commerce ~ passing-off - whether the use of simsiar
slogans constituted passing-off.
Trade Practices Act 1974 ss.52, 53.
Taco Company of Australia Inc. v. Taco Bell Pty. Ltd. (1982) 42 A.L.R. 177.
Parkdale Custom Built Furniture Pty. Ltd. v. Puxu Pty. Ltd. (1982) 149 C.L.R. 191.
Cadbury Schweppes Pty. Ltd. v. Pub Squash Co. Pty. Ltd. (1980) 32 A.L.R. 387 (P.C.).
Hornsby Building Information Centre Pty. Ltd. v. Sydney Building
Information Centre Pty. Ltd. (1978) 140 C.L.R. 216. Moorgate Tobacco Co. Limited v. Phillip Morris Limited (No. 2) (1984) 156 C.L.R. 414.
SITMAR CRUISES LIMITED v. CARNIVAL CRUISE LINES INC. & ORS.
No. G33 of 1986
Beaumont, J.
Sydney
20 August 1986 IVED 20 AUG 1986
PLEEAL SIRT OF AVS YY. WI
IU THE FEDEPSL COURT OF AUSTRALIA
) ; NEW SOUTH WALES DISTRICT REGISTRY ) No. G33 of 1986 } )
GENERAL DIVISION
BETWEEN :
AND:
Judge making order:
Date order made:
Where made:
SITMAR CRUISES LIMITED
Applicant
CARNIVAL CRUISE LINES INC
First respondent
BRIDGE TRAVEL (AUSTRALIA) PTY.
LIMITED Second respondent CARNIVAL CRUISE LINES INC.
First cross-claimant
BRIDGE TRAVEL (AUSTRALIA) PTY.
LIMITED
Second cross-claimant
SITMAR CRUISES LIMITED
Cross-respondent
MINUTES OF ORDER
Beaumont, J.
20 August 1986
sydney
Cane,
- os npeepere ose
Tp Te,
THE
tu
COURT ORDERS THAT:
i. The application be dismissed. 2. The cross-claim be dismissed.
3. There be no order as to costs.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
me rt t om
a Pid :
LIN_THE FEDERAL COURT OF AUSTRALIA ) ' }
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