Miss World (Jersey) Ltd & Anor v. Mrs of the World Pageants, Inc. [1988] FCA 13

JUDGMENT No. APuf BE.

CATCHWORDS

\"

TRADE MARKS - "Miss World" beauty contest for single women - whether use of "Mrs World" for beauty contest for married women ""confusing" -—- relevance of results of similar litigation in U.S. - claim for interlocutory relief -

consideration of degree of probability of success at trial.

TRADE PRACTICES - alleged representation of ""affiliation" - " whether representation implied by conducting "Mrs World" contest - well established "Miss World" contest.

Trade Practices Act 1974, ss.52, 53{d) Trade Marks Act 1955, ss.6(3), 62(1)

Miss World (Jersey) Limited & Anor.

v. Mrs of the World Pageants, Inc. * Qld G1O of 1988

PINCUS J. BRISBANE 1 FEBRUARY 1988

RECEIVED 2 -FEB 1988

FEDERAL COURT OR AUSTRALIA

PAINCIPAL REGISTRY

i a

a ee

Wg ee re ee ee ne

aicanhiar ietectetnmes aanet) eo. -- hs?

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G10 of 1988 GENERAL DIVISION )

BETWEEN: MISS WORLD (JERSEY) LIMITED

First Applicant AND: MISS WORLD (UK) LIMITED

Second Applicant

AND: MRS OF THE WORLD PAGEANTS, INC.

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 1 FEBRUARY 1988 WHERE MADE: BRISBANE THE COURT ORDERS THAT: i. The application for interlocutory relief be

dismissed;

2. The applicants pay the respondent's costs of and incidental to the proceedings to be taxed, including reserved costs.

Z i

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

a aera 7 . 7 a os

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G10 of 1988 GENERAL DIVISTON )

BETWEEN: MISS WORLD (JERSEY) LIMITED

oo

First Applicant

é

MISS WORLD (UK) LIMITED

Second Applicant AND

MRS OF THE WORLD PAGEANTS, INC.

Respondent

PINCUS J. 1 FEBRUARY 1988

REASONS FOR JUDGMENT

This is an application for an interlocutory injunction to restrain the use of the names "Mrs of the World" and "Mrs