Harry the Hirer Pty Ltd & Anor v Mac 11 Enterprises Pty Ltd & Anor [1986] FCA 670

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG No. 348 of 1986

GENERAL DIVISTON

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EX TEMPORE JUDGMENT

Between: HARRY THE HIRER PTY. LTD. and RODERICK ROBERT

JAMEISON (Applicants) And: MAC 11 ENTERPRISES Pry. LTD. and MELVILLE DOUGLAS McLENNAN (Respondents) Judge Making Order: Ryan Jd. Date of Order: 22 December 1986

Where Made: Melbourne

MINUTE OF ORDER UPON the applicants by their counsel giving the usual undertaking as to damages and upon the respondent by its counsel undertaking, without prejudicie to its right to contend that the applicants have no grounds for making any of the allegations relied on by them or to contend further that it should not in any way be seen to be making any concessions to the applicants that it will not by itself, its-servants or

fo erate ois agents: fae We, " oN

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Z\ FEDERAL GULILT OF \

AUSTRALIA AN PRISIAL . vs REGISTRY 1 \ * 'N Noe a

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(a)

(b)

(c)

(d)

IT Is

1.

display or use the words "Astrodome" or "Astrodomes" on any advertising material, brochures, documents,

records, invoices, clothing, buildings or otherwise;

engage in any conduct whereby it holds itself out or

represents that the geodetic marquees supplied or hired by it are the property of the applicants, it has the sponsorship of or an association or affiliation with the business of the first-named applicant or its

business is connected with the businesses of the

applicants;

displaying or using the words "Astrodome" or "Astrodomes" on the connecting nodes utilized in the

erection of its geodetic marquees;

displaying or using the logo in the form of the copy reproduced in the schedule to this order or any device

deceptively similar thereto;