Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TORTS - passing off - whether use of the name "Tabasco Design" in connection with the business of the design and construction of exhibit stands constitutes passing off of the name "Tabasco" used in Australia solely in relation to the sauce - whether members of the public would conclude that there was a commercial connection between the provider of the design services and the maker of the sauce - whether the respondents deliberately sought wrongfully to appropriate to themselves the reputation of the applicant in and in relation to the name and mark "Tabasco" and succeeded in doing so - whether there was a misrepresentation.
TRADE PRACTICES - misleading and deceptive conduct - whether use of the name "Tabasco Design" in connection with the business of the design and construction of exhibit stands constitutes misleading and deceptive conduct - whether members of the public would conclude that there was a commercial connection between the providers of the design services and the maker of "Tabasco" sauce.
Trade Practices Act 1974, s 52
Midland Counties Dairy Ltd v Midland Dairies Ltd (1948) 16 RPC 429, referred to
Radio Corporation Pty Ltd v Disney (1937) 57 CLR 448, discussed
Hogan v Koala Dundee Pty Ltd (1988) 20 FCR 314, referred to
Hogan v Pacific Dunlop Ltd (1988) 83 ALR 403; (1989) FCR 553, discussed
H P Bulmer Ltd & Showerings Ltd v J Bollinger SA [1978] RPC 79, referred to
10th Cantanae Pty Ltd v Shoshana Pty Ltd (1987) 79 ALR 299, referred to
Childrens TV Workshop Inc v Woolworth (NSW) Ltd [1981] 1 NSW LR 273, referred to
Twentieth Century Fox Film Corporation v The South Australian Brewery Co Ltd (1996) 66 FCR 451, discussed
McILHENNY COMPANY v BLUE YONDER HOLDINGS PTY LIMITED
formerly trading as TABASCO DESIGN and POLYMEDIA PTY LIMITED
trading as TABASCO DESIGN
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