Rove Ranger Pty Ltd v Manfal Pty Ltd [1987] FCA 560

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JUDGMENT No. 2.22. / 8-1.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION )

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QLD G172 of 1987

BETWEEN: ROVE RANGER PTY. LTD.

Applicant AND: MANFAL PTY. LTD.

Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J.

DATE OF ORDER: 2 OCTOBER 1987 WHERE MADE: BRISBANE THE COURT ORDERS THAT:

1. Until final determination of this application or earlier order, the respondent be restrained by itself, its servants or agents from promoting any of its houses in Queensland by the use of the word "Trendsetter" as and from 5 October 1987.

2. Costs of the application today be the applicant's costs in the proceedings.

NOTE: Settlement and entry of orders 18s dealt with in Order 36 of the Federal Court Rules.

F 200CT 1987

FEDERAL COURT OF , AUSTRALIA

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD Gi72 of 1987 GENERAL DIVISION )

BETWEEN: ROVE RANGER PTY. LTD.

Applicant AND: MANFAL PTY. LTD.

Respondent

PINCUS J. 2 OCTOBER 1987

EX TEMPORE REASONS FOR JUDGMENT

This is an application for an injunction which was made on 22 September 1987. The applicant 1s a company which seeks against the respondent company an injunction restraining the use of the word "Trendsetter", or the word and symbols "Trendsetter 4+", in relation to the promotion and conduct of a

house-building business.

After some discussion on the subject, 1t was agreed that the matter should be treated as an application for an interlocutory injunction, because the respondents counsel did not

have instructions to have the matter treated as an application for

a final injunction.

Each of the applicant and the respondent is a

substantial home builder in Queensland, the respondent being based

in Western Australia. The respondent builds houses which have attributed to them various names, and in 1985 it decided to introduce a new name, "Trendsetter". In 1986 1t added a variant and used the name "Trendsetter 4+". The material before me