Federal Court of Australia
JUDGMENT No. 20712. Shs
CrATCHWORDS
TRADE PRACTICES - Consumer protection - Misleading or deceptive conduct - Passing off - Right to interlocutory injunction - Use of similar descriptive trade names - Two motels in small town - Applicants' older establishment called "Caboolture Motel" -
Applicants seeking to restrain respondents from calling new
establishment "Caboolture Hotel Motor Inn".
Trade Practices Act 1974 5.52
CAROL YVONNE STREET & ANOR. trading as the "CABOOLTUPE MOTEL" V. JEDSMINSTER PTY.LTD. & ANOR. QLD. NO. G208 OF 1988
SPENDER J. BRISBANE 22 JUNE 1988.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
Meet et et ee
BETWEEN :
QLD. G208 of 1988
CAROL YVONNE STREET and ANTHONY WINSTON STREET trading as the "CABOOLTURE MOTEL"
Applicant
JEDSMINSTER PTY. LTD.
First Respondent
AND: TURBOT ROMA GEORGE PTY. LTD. Second Respondent MINUTE OF ORDEP JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 22 JUNE 1988 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
l. Upon the applicants, through their counsel, giving the usual undertakings as
to damages, the first respondents by themselves
and second or
by their
servants or agents or any of them be restrained until the trial of the action or earlier order from using by way of
advertising or otherwise "Caboolture Hotel Motel",
the name "Caboolture
Hotel Motor Inn", or Caboolture Hotel
Motel Inn" or any other words
combining
the word "Caboolture" with the words "Motel" or "Motor Inn", by reference to the business carried on at Morayfield
Road, Morayfield, by respondent.
the first
tb «
After fourteen days of today's date, the first and second respondents by themselves or by their servants or agents or any of them be restrained until the trial of the action or earlier order from using any signs, advertisements, stationery, staff uniforms and any other item wherein or whereon the words "Caboolture Hotel Motor Inn" or "Caboolture Hotel Motel" or "Caboolture Hotel Motel Inn" or any other name containing the words "Caboolture" and "Motel" or "Motor Inn" in respect of the said business.
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