Federal Court of Australia
JUDGMENT No. 119 7 SO_
CATCHWORDS
TRADE PRACTICES - misleading or deceptive conduct - similar advertising signs - mew technique - whether deliberate copying ~- whether likely to mislead or deceive - whether
likely to cause damage.
Trade Practices Act 1974 ss.52 and 53
JUST JEANS PTY LTD v WESTCO JEANS (AUST) PTY LTD, LUIGI DE LUTIS, ANNA DE LUTIS and ERCOLE De LUTIS
No. VG 108 of 1988
Woodward J. 20 April 1988 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 108 of 1988
wee
GENERAL DIVISION
BETWEEN:
JUST JEANS PTY LTD Applicant and
WESTCO JEANS (AUST) PTY LTD, LUIGI DE LUTIS,
ANNA DE LUTIS and ERCOLE DE LUTIS
Respondents
MINUTES OF ORDER
COURT: Woodward J.
DATE: 20 April 1988
PLACE: Melbourne
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the costs of the
respondents.
(NOTE: Settlement and entry of orders is dealt with by 0.36 of the Federal Court Rules).
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 108 of 1988
GENERAL DIVISION
BETWEEN:
JUST JEANS PTY LTD Applicant and
WESTCO JEANS (AUST) PTY LTD, LUIGI DE LUTIS, ANNA DE LUTIS and ERCOLE DE LUTIS
Respondents
COURT: Woodward J.
DATE: 20 April 1988
PLACE: Melbourne
REASONS FOR JUDGMENT
This is a claim for relief under ss.52 and 53 of the Trade Practices Act 1974 ('the Act'). It relates to signs used outside the respective clothing shops of the applicant ('Just Jeans') and the firstnamed respondent ('Westco'). It is alleged by Just Jeans that Westco has deliberately copied the essential features of its main advertising sign used to attract customers, and that this can only have been done for a purpose, namely to mislead
potential shoppers into believing that they were entering
a Just Jeans store or at least a store which was in some way affiliated with Just Jeans. The parties are competitors in trade, although Just Jeans tends to cater for the upper end of the particular market whereas Westco normally sells
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