Lovatt, J. & Ors v Consolidated Magazines Pty Ltd [1988] FCA 478

JUDGMENT No.4= 1 fn Sh

Ar ddemuiry *

CATCHWORDS

TRADE PRACTICES ~- Contest over use of name "Colossus" in connection with crossword puzzles — Puzzles compiled by applicants and published by respondent under that name - Whether either party had acquired a reputation in that name such as to constitute a use of that name by the other an infraction of ss.52 or 53 of the Trade Practices Act or a

passing off - Whether s.65A provides a defence to the claim.

CONTRACT - Implied term - Whether there ought to be implied in the agreement between the parties a term precluding the use of the word "Colossus" by the respondent in connection with

crosswords not compiled by the applicants.

Trade Practices Act 1974 ss.52, 53, 65A.

NSW G.1116 of 1988 JAMES LOVATT & ORS v CONSOLIDATED MAGAZINES PTY LIMITED

Wilcox J Sydney 5 September 1988

NEW SOUTH WALES DISTRICT REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BETWEEN:

AND BETWEEN:

No. G.1116 of 1988

JAMES LOVATT First Applicant CHRISTINE LOVATT Second Applicant WORDSMITHS PTY LIMITED

Third Applicant

CONSOLIDATED MAGAZINES PTY LIMITED

Respondent

CONSOLIDATED MAGAZINES PTY LIMITED

Cross-Claimant

JAMES LOVATT

First Cross-Respondent CHRISTINE LOVATT Second Cross—-Respondent

WORDSMITHS PTY LIMITED

Third Cross—Respondent

PUZZLE PRESS PTY LIMITED

Fourth Cross-Respondent

CENTURY PUBLISHING PTY LIMITED

Fifth Cross-Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 5 SEPTEMBER 1988

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The Application be dismissed. 2. The Cross-claim be dismissed. 3. The cross-claimant, Consolidated Magazines Pty

Limited, pay to the cross-respondent, Century Publishing Pty Limited, its costs of the

Cross-clain.

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

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY