Federal Court of Australia
JUDTMENT No. 400 / 8B.
CATCHWORDS
TRADE PRACTICES ACT - Misleading, deceptive and false statements - passing off - Australian television program using similar name _ to that of an English company - whether the applicant has sufficient reputation
in Australia - admissibility and weight of survey and statistical evidence - relevant class for the purposes of section 52 - whether the conduct of the respondent as a whole must be looked at to determine if there is a misrepresentation - whether name is descriptive or distinctive.
Trade Practices Act 1974 - ss 52 and 53
Tv-am ple Applicant -v-
AMALGAMATED TELEVISION SERVICES PTY LID (ATN CHANNEL 7) Respondent
G 849 of 1988
CORAM: Einfeld J. a o
DATE: 29 July 1988 Iu aca ; oo
PLACE: Sydney 2a TS FN
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES REGISTRY ) No. G 849 of 1988 ) )
GENERAL DIVISION
Between: TV-am plc Applicant And: AMALGAMATED TELEVISION
SERVICES PTY LTD (ATN CHANNEL 7)
Respondent
CORAM: Einfeld J. DATE: 29 July 1988 PLACE: Sydney
MINUTE OF ORDERS 1. The application is dismissed. 2. The applicant is ordered to pay the respondent's costs. NOTE: Settlement and entry of orders are dealt with 1n accordance with
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY No. G 849 of 1988
ddd
GENERAL DIVISION
Between: TV-am plc Applicant And: AMALGAMATED TELEVISION
SERVICES PTY LTD (ATN CHANNEL 7)
Respondent
CORAM: Einfeld J.
DATE: 29 July 1988
PLACE: Sydney
REASONS FOR JUDGMENT
The applicant was first incorporated in 1980 in England under the name "TV-AM Ltd". In June 1986 it became a public company registered under the name of "TV-am plc". The applicant has a licence from the Independent Broadcasting Authority to broadcast throughout the United Kingdom between 6 am and 9.25 am daily and has done so since 1983. The Respondent is Amalgamated Television Services Pty. Ltd.(ATN Channel 7), an Australian company. On May 2 1988 the respondent commenced broadcasting a program entitled "TVAM". This program is screened s1x days per week betweeen the hours of 6 am and 7.30 am. The applicant has brought proceedings under the Trade Practices Act (the Act) alleging that the respondent was guilty of misleading or deceptive conduct and of making false representations contrary to sections 52 and 53(c) and (d).
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