Gillette Co & Anor v Pharma-Goods Australia Pty Ltd [1997] FCA 629

FEDERAL COURT OF AUSTRALIA

PRACTICE and PROCEDURE - interlocutory injunction - whether words on packaging were misleading by suggesting an association with applicant or its products - use of the expression "compatible with" - whether it meant more than "fits"

TRADE MARK - non-trade mark use by statement showing the respondents' product fitted the applicant's.

Trade Marks Act 1995, s 122

Interlego AG v Croner Trading Pty Limited (1992) 39 FCR 348

Interlego AG v Croner Trading Pty Ltd (1991) 102 ALR 379

Re: Cornwall Resource Corporation NL; Cornwall Resource Corporation NL v Waraluck Limited (Burchett J, unreported, 22 May 1997)

THE GILLETTE COMPANY & ANOR v PHARMA-GOODS AUSTRALIA PTY LTD

NG 348 of 1997

Burchett J

Sydney

15 July 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) 348 of 1997 ) GENERAL DIVISION )

BETWEEN: THE GILLETTE COMPANY

First Applicant

GILLETTE AUSTRALIA PTY LIMITED

Second Applicant

AND: PHARMA-GOODS AUSTRALIA PTY LTD

First Respondent

FRANKLINS LIMITED

Second Respondent

JUDGE: BURCHETT J PLACE: SYDNEY DATED: 15 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: The respondents bring in, on a date to be fixed, short minutes of orders in accordance with the reasons of the Court. Note: 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 ) 348 of 1997 ) GENERAL DIVISION )

BETWEEN: THE GILLETTE COMPANY

First Applicant

GILLETTE AUSTRALIA PTY LIMITED

Second Applicant

AND: PHARMA-GOODS AUSTRALIA PTY LTD