T.J.M. Products Pty Ltd v. A & P Tyres Pty Ltd & Ors [1987] FCA 138

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CATCHWORODS

TRADE PPACTICES - misleading or deceptive conduct - passing off - competing retailers using same or similar logo, "get-up" and Signs on premises - whether conduct sufficient to constitute Misrepresentation - name descriptive of product - permanent signs distinguished from day to day advertising - local reputation of Australian-wide manufacturer and retailer considered.

Need v J.H. Cole Pty Ltd. considered.

JURISDICTION ~- claim of breach of contidential information by former employees ~ whether "within the scope of one controversy

and thus within the ambit of a matter" - not arising from "common substratum of facts".

Fencott v Muller applied.

T.3.M. PRODUCTS PTY. LTD. (trading as A.R.B. VEHICLE ACCESSORIES)

Applicant - and - A. & P. TYRES PITY. ETD. (trading as STEEL TYRE CO) First Respondent First Respondent BRIGALOW PARK PTY. LTD. (trading as A.R.B. EQUIPMENT S.A. } Second Respondent KEITH JAMES PARKES Third Respondent WILHELMINA MARIA ELIZABETH PARKES Fourth Respondent BRUCE SAMPSON Fifth Respondent TERENCE JOHN GAVIN Sixth Respondent MICHAEL GLADNICH Seventh Respondent

AND BETWEEN:

A.R.B. ENGINEERING PTY. LTD. and BRIGALOW PARK PTY. LTD. trading as A.R.B. PRODUCTS Cross Claimants

- and -

T.J.M. PRODUCTS PTY. LID. trading as A.R.B. VEHICLE ACCESSORIES Cross Respondent

F.R. FISHER J. ADELAIDE 27 MARCH 1987

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

) ) ) No. SA G24 of 1986 ) )

BETWEEN:

T.3.M. PRODUCTS PTY. LTD. (trading as A.R.B. VEHICLE ACCESSORIES)

Applicant - and -

A. & BP. TYRES PTY. LTD. (trading as STEEL TYRE CO.)

First Respondent - and -

BRIGALOW PARK PTY. LTD.

(trading as A.R.R. EQUIPMENT S.A.)

Second Respondent - and - KEITH JAMES PARKES Third Respondent - and -