Rent-A-Ute Pty Ltd v. Golden 44 Pty Ltd & Ors [1987] FCA 378

31%

CATCHWORODS

TRADE PRACTICES - s.52 - passing off - protection of business name - use of very similar name - evidence of confusion ~ name comprised of descriptive words only - interlocutory injunction refused.

Trade Practices Act, s.52

Rent-A-Ute Pty. Limited v. Golden 44 Pty. Ltd. & Ors. Qld G101 of 1987

PINCUS J. BRISBANE 15 JULY 1987

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G101 of 1987 GENERAL DIVISTON )

BETWEEN: RENT-A-UTE PTY. LIMITED

Applicant

AND: GOLDEN 44 PTY. LTD. First Respondent

AND: KENNETH JOHN PETERSEN

Second Respondent

AND: ALLAN DOUGLAS PERRY

Third Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF QRDER: 15 JULY 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for an interlocutory injunction be dismissed;

2. The applicant pay the respondents' costs of and incidental to the application to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALTA ) QUEENSLAND DISTRICT REGISTRY ) QLD G101 of 1987 GENERAL DIVISION )

BEIWEEN: RENT-A-UTE PTY. LIMITED

Applicant

AND: GOLDEN 44 PTY. LTD. First Respondent

AND: KENNETH JOHN PETERSEN

Second Respondent

AND: ALLAN DOUGLAS PERRY

Third Respondent

PINCUS J. 15 JULY 1987

REASONS FOR JUDGMENT

This 1S an application for an interlocutory injunction to restrain use of a business name, brought in reliance upon

provisions of the Trade Practices Act.

The applicant's business is well established and uses the name Rent a Ute (or, sometimes, Rent-a-Ute). The respondent's has started recently and uses the name Handy Rent A Ute. The history of the applicant's business, which has been quite successful, is as follows. Mr. M. M. Bone and his father operated