Federal Court of Australia
523:
(NOT FOR DISTRIBUTION)
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. ) GENERAL DIVISION ) ) BETWEEN : NYLEX CORPORATION LIMITED and OGDEN INDUSTRIES PTY LTD MINUTES OF ORDER COURT: Woodward J. DATE: 9 December 1986 PLACE: Melbourne THE COURT ORDERS THAT: 1. The notice of motion be dismissed with costs.
374 of 1986
Applicant
Respondent
2. The directions hearing be adjourned to 19 December 1986.
(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. 374 of 1986
GENERAL DIVISION
NYLEX CORPORATION LIMITED Applicant and OGDEN INDUSTRIES PTY LTD Respondent
COURT: Woodward J.
DATE: 9 December 1986 PLACE: Melbourne
REASONS FOR JUDGMENT
This is an application for interlocutory injunctions arising from the way in which the respondent labels coils of garden hose, with fittings attached, which it is presently selling
in the course of its business.
The respondent is a company which sells, under the trade name Neta, brass hose fittings among other things. In order to increase its share of the market it decided that, in the present
season, it would sell some hoses with the fittings attached.
For some years it has used green and gold as its preferred colours for advertising purposes, and most of its
products are either a natural brass colour or painted ina similar
colour. It is therefore understandable that it decided to use a
green reinforced hose with gold stripes along it and brass fittings attached, and to call the complete hose 'Neta Gold'. I do not know whether it was influenced, in deciding on the gold stripe, by the fact that the applicant had for several years been successfully marketing a green reinforced hose with similar gold
stripes.
As it began to promote this new product to the trade, in about April this year, it learned for the first time that the
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