Snowave Pty Ltd v Wanderers Ski Holidays & Travel Pty Ltd [1996] FCA 372

CATCHWORDS Practice and procedure - interlocutory application for prohibitory and mandatory injunctions - alleged passing off, misleading or deceptive conduct and breach of contract - whether a serious question to be tried - whether reputation established - balance of convenience Trade Practices Act 1974 s 52 SNOWAVE PTY LIMITED v WANDERERS SKI HOLIDAYS AND TRAVEL PTY LIMITED No. NG 245 of 1996 CORAM: Lehane J PLACE: Sydney DATE: 19 April 1996

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION ) No. NG 245 of 1996 BETWEEN: SNOWAVE PTY LIMITED Applicant AND: WANDERERS SKI HOLIDAYS AND TRAVEL PTY LIMITED Respondent CORAM: Lehane J PLACE: Sydney DATE: 19 April 1996 MINUTE OF ORDERS UPON THE APPLICANT BY ITS COUNSEL GIVING THE USUAL UNDERTAKING AS TO DAMAGES THE COURT ORDERS: 1. THAT until further order the respondent by itself, its servants and agents be restrained from: (a) Passing off or enabling to be passed off its business and/or services (i) as and for the business and/or services of the applicant; (ii) as being connected or associated with the business and/or services of the applicant;

(iii) as having the sponsorship or approval of the applicant; or (iv) in such a way as to represent that it has an affiliation with the applicant. (b) Using the name, Snowave, or any other substantially identical or deceptively similar word or words (i) in any advertising of its business and/or services; or (ii) in connection with any of its services. The entries in the Yellow Pages of the 1996 Sydney and Melbourne telephone directories referring to Snowave Tours are not to be regarded as in breach of this order. 2. THAT the respondent within seven days cause a telephone message to be placed on its Sydney telephone number 415 1955 until 31 December 1996 or further order, so that any person calling that number will hear words to the following effect: Thank you for calling Wanderers Ski Holidays. If you are calling for Snowave Snowboard Tours please call Sydney 1800 677 669. For all other snow holiday inquiries please contact us on Freecall 1800 063 063