Brash Holdings Ltd & Ors v. Commodore Television Pty Ltd [1987] FCA 89

'

a

Judgement No. a

(NOT FOR DISTRIBUTION)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 297 of 1986

www

GENERAL DIVISION

BETWEEN :

BRASH HOLDINGS LTD, BRASHS PTY LTD, R.H. ELVY PTY LTD and B.A. WHITEHOUSE & CO PTY LTD

Applicants and COMMODORE TELEVISION PTY LTD Respondent MINUTES OF ORDER COURT: Woodward d. DATE: 6 March 1987 PLACE: Melbourne THE COURT ORDERS THAT: 1. The application for interlocutory injunctions be dismissed. ~ 2. Costs be reserved.

(NOTE: Settlement and entry of orders is dealt with in 0.36 of

the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 297 of 1986

GENERAL DIVISION

BETWEEN :

BRASH HOLDINGS LTD, BRASHS PTY LTD, R.H. ELVY PTY LTD and B.B. WHITEHOUSE & CO PTY LTD

Applicants

and

COMMODORE TELEVISION PTY LTD Respondent

COURT: Woodward J.

DATE: 6 March 1987

PLACE: Melbourne

REASONS FOR JUDGMENT This is an application for interlocutory relief in a

proceeding under the Trade Practices Act 1974 ('the Act'). The

applicants claim that there are "certain distinctive features and styles" in their advertising of electronic audio and video equipment. They allege that the respondent has been using those distinctive features and styles in its own advertising of similar products, and that this amounts to misleading or deceptive conduct, within the meaning of s.52 of the Act, in that members of the public may be deceived into thinking there is a trade

connection between the applicants' and respondent's businesses.

They want such advertising stopped.

applicant

The distinctive features and styles relied on by the

are -

(a) a background grid pattern with advertised goods, together with text, overlaid in the foreground;

(b) the expression "for advice and price";

(c) the expression "it's gotta go"; and

(d) a distinctive typeface.

It would be helpful at this point to set out a brief