Federal Court of Australia
CATCHWORDS Trade Practices - misleading and deceptive conduct - reputation and goodwill in the name "Miki House" - relevant
geographical area for reputation and goodwill.
Trade Marks - validity of registration of trade mark - when is validity determined - intention to use mark - whether mark likely to deceive or cause confusion - validity of assignment of trade mark - assignment of mark without goodwill - whether assignment sufficient to transfer ownership of mark.
Trade Marks Act 1955 (Cth) ss.22, 28, 59, 62, 82
Trade Practices Act 1974 (Cth) 5s.52, 53
MERV BROWN PTY. LTD.
and DAVID JONES (AUSTRALIA) PTY. LTD.
and MIKI SHOKO CO. LTD. V. No. G 221 of 1985
MIKI _SHOKO CO. LTD. and DAVID JONES (AUSTRALIA) PTY. LTD.
and
MERV BROWN PTY. LTD. N. No. G 276 of 1985
NORTHROP J. 22 MAY 1987
MELBOURNE: , "?
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
a io ic Ks |
DATE PLACE
V. No. G 221 of 1985
MERV_ BROWN PTY. LTD. Applicant and DAVID JONES (AUSTRALIA) PTY. LTD. and MIKI SHOKO CO. LTD. Respondents NORTHROP J. 22 MAY 1987 MELBOURNE
MINUTES OF ORDER
THE! COURT ORDERS :-
l. That the respondents and each of them by themselves,
their
directors, officers, servants and agents or
otherwise howsoever be restrained:-
(a)
(b)
from importing or causing to be imported into Australia or manufacturing or causing to be Manufactured or keeping for sale, advertising or offering for sale, supplying, distributing or selling any articles of clothing or any other goods whatsoever under or by reference to the trade mark "Miki House" or under or by reference to any name, word or mark substantially identical or deceptively or misleadingly similar thereto;
from falsely representing by any means in the course of trade or commerce in connexion with the supply or possible supply or in connexion with the Promotion by any means of the supply or use of any articles of clothing or any other goods that such goods are of a standard or quality as the articles
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate