Federal Court of Australia
ae eee
Hy
- 656-
CATCHWORDS
TRADE PRACTICES - respondent marketing rice-based horse feed pellets with similar-sounding name to product cf applicant -
claim by applicant of contravention s.52 Trade Practices Act and passing off - whether serious question to be tried - interlocutory relief granted.
PRACTICE & PROCEDURE - interlocutory injunction - consideration of nature of relief under s.80 Trade Practices Act and under
general law.
Trade Practices Act 1974 ss.52, 80.
Abundant Earth Pty Ltd v R_& C Products Pty Ltd (1985) 59 ALR 211 ref'd to.
Parkdale Custom Built Purniture Pty Ltd v Puxu Pty Ltd (1982) 149
CLR 191 cons.
World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 ref'd to.
Corvisy v Corvisy £19821 2 NSWLR 557 ref'd to.
Appleton Papers Inc v Tomasetti Paper Pty Ltd £1983] 3 NSWLR 208 ref'd to.
Epitoma Pty Ltd v AMIEU (1984) 3 FCR 55 cons.
Associated Minerals Consolidated Ltd v Wyong Shire Council (1974) 48 ALJR 464 ref'd to.
Castlemaine Tooheys Ltd v South Australia (1986) 60 ALJR 679 ref'd to.
RICEGROWERS' CO-OPERATIVE LIMITED v HOWLING SUCCESS AUSTRALIA PTY LIMITED
No. G 576 of 1986
GUMMOW 7. SYDNEY 23 DECEMBER 1986
IN_THE FEDERAL COURT OF AUSTRALIA )} )
NEW SOUTH WALES DISTRICT REGISTRY ) No.G 576 of 1986 )
GENERAL DIVISION )
BETWEEN : RICEGROWERS' CO-OPERATIVE
LIMITED Applicant AND: HOWLING SUCCESS AUSTRALIA PITY LIMITED Respondent
CORAM: Gummow J.
DATE: 23 December 1986
REASONS FOR JUDGMENT (EX TEMPORE)
Gummow J.
The applicant in these proceedings seeks interlocutory injunctive relief in respect both of contravention of s.52 of the
Trade Practices Act 1974 ("the Act") and of passing off.
THE FACTS
Since 1974 the applicant has carried on a stock feed business, apparently based in Leeton, New South Wales, under the name "Coprice Feeds". Since 1981 it has manufactured and sold a
rice based horse feed pellet product which is marketed in three
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