Kovassy, L. v Target Hotels Bundoora Pty Ltd [1987] FCA 646

FOR LIMITED DISTRIBUTION NOT FOR PUBLICATION

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JUDGMENT No. bAb 1 #1. -

IN THE FEDERAL COURT OF AUSTRALIA

) ) - VICTORIA DISTRICT REGISTRY ) VG No. 402 of 1987 ) )

GENERAL DIVISION

Between: LASLO KOVASSY

(Applicant)

And: TARGET HOTELS BUNDOORA PTY

LIMITED

(Respondent)

Coram: Ryan J

Date: 28 October 1987

EX TEMPORE REASONS FOR JUDGMENT

The applicant in this matter has, since December 1975, conducted a restaurant at Monbulk under the registered business name "Bundy's Tavern". The restaurant has always specialized in Hungarian and central European dishes and has been favourably noticed by good food guides and restaurant critics in journals and newspapers as providing a good example of that cuisine. The name ""Bundy's Tavern" was derived from the name of the pet poodle of the applicant and is a Hungarian word roughly translatable as, "little

thing".

2 6.NOV 1987

aU3 Pea

®

RECEIVED

FEDERAL COURT OF AUSTRALIA

In about August 1987, the applicant learned that the respondent was conducting an establishment, within a hotel at Bundoora, of a restaurant or eating room designated as "Bundy 's Bistro". The only evidence of possible confusion as to whether the two premises are associated in any way is that Mr. Kovassy was asked by a patron of his restaurant whether he, Kovassy, had opened another restaurant as the

patron had seen the respondent's restaurant known as "Bundy's

Bistro".

Mr. Kovassy's oral evidence was that he only advertises his business once a year in the "Age" newspaper and that most of his custom comes from persons who have earlier made reservations. The hotel premises from which the respondent conducts its business have, since they were opened about 17 years ago, been called the "Bundoora Hotel" and have for many

years been known locally as "The Bundy" or "Bundy's Hotel".

Meals are served in the hotel lounge by means of a servery. Those meals are not distinctively Hungarian or