Federal Court of Australia
S46
CATCHWORDS TRADE PRACTICES - misleading or deceptive conduct - well-advertised product having a distinctive get-up - similar
product distinctively labelled - whether likely to mislead or
deceive. PRACTICE AND PROCEDURE - interlocutory injunctions - whether serious question to be tried - applicant's success possible but
not probable - considerations affecting balance of convenience.
Trade Practices Act 1974 3.52
NYLEX CORPORATION LIMITED v SABCO LTD
VG 331 of 1986
NYLEX CORPORATION LIMITED v DAWN PLASTICS PLY LTD VG 366 of 1986
Woodward J. 25 November 1986 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 331 of 1986
GENERAL DIVISION
BETWEEN : NYLEX CORPORATION LIMITED Applicant and SABCO LTD Respondent
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 366 of 1986
GENERAL DIVISION
BETWEEN : NYLEX CORPORATION LIMITED Applicant and DAWN PLASTICS PTY LTD Respondent
MINUTES OF ORDER
COURT: Woodward J.
DATE: 25 November 1986
PLACE: Melbourne
THE COURT ORDERS THAT:
l. The applications for interlocutory injunctions be dismissed. 2. Costs be reserved.
(NOTE: Settlement and entry of orders is dealt with by 0.36 of the Federal Court Rules).
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 331 of 1986 ) GENERAL DIVISION )
)
BETWEEN :
NYLEX CORPORATION LIMITED Applicant and SABCO LTD Respondent
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 366 of 1986
GENERAL _ DIVISION
BETWEEN :
NYLEX CORPORATION LIMITED Applicant and DAWN PLASTICS PTY LID Respondent
COURT: Woodward J. DATE: 25 November 1986 PLACE: Melbourne
REASONS FOR JUDGMENT
These are applications for interlocutory injunctions arising from the manufacture and sale by the respondents of green
garden hoses with yellow stripes which are said to be deceptively
similar to the applicant's hoses. Two actions, against Sabco Ltd
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