Federal Court of Australia
JUSSMENT No, (OGY. Bl.
Catchwords Trade Practices - consumer protection - misleading and deceptive conduct - names of products having same functions = and characteristics -— "blue & fresh" - "Fresh & Blue".
Trade Practices Act 1974 s.52(1)
R_& C Products Pty Limited v. Hunters Products Pty Limited
No. VG116 of 1987
Sweeney, Woodward & Northrop JJ. 14 December, 1987
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) No. VG 116 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: R & C PRODUCTS PTY. LIMITED Appellant and HUNTERS PRODUCTS PTY. LIMITED Respondent
THE COURT: Sweeney, Woodward & Northrop JJ.
PLACE Melbourne
oo
DATE 14 December, 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
the appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 116 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: R & C PRODUCTS PTY. LIMITED Appellant and HUNTERS PRODUCTS PTY. LIMITED Respondent THE COURT: Sweeney, Woodward & Northrop JJ. PLACE : Melbourne DATE : 14 December, 1987 REASONS FOR JUDGMENT The Court:
This is an
appeal from a judgment of Jenkinson J. deciding
questions brought before him for separate decision under Order 29
of the Rules.
The application which gave rise to the questions was brought
by Hunters Products Pty Limited ("the applicant") in respect of
In
the sale by R & C Products Pty Limited ("the respondent") of
products for cleaning and deodorising toilet bowls.
Because the case turns upon the history and the detailed appearance of two products, it is convenient to adopt from his
Honour's reasons his statement of the facts, the course of the
proceedings, and his findings.
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