Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TRADE PRACTICES - misleading or deceptive conduct - elements of action - use of similar business names - whether applicant used name or mark of "Betta" on confectionary packaging or advertising material in a way which would make them distinguishable to customers - whether descriptive word distinctive - sufficiency of evidence to establish distinctiveness and reputation with members of the public - whether a misrepresentation - differences in logos and get up - whether conduct misled or likely to mislead public - whether confusion or uncertainty existed in public - sufficiency of evidence - to be consumer's confusion not people in the trade of selling products. INTELLECTUAL PROPERTY - passing off - elements of action - whether reputation established - whether a misrepresentation
BETTA FOODS AUSTRALIA PTY LTD v BETTA FRUIT BARS PTY LTD VG 715 of 1995 GOLDBERG J MELBOURNE 23 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 715 of 1995
BETWEEN: BETTA FOODS AUSTRALIA PTY LTD
(ACN 006 278 299)
Applicant
AND: BETTA FRUIT BARS PTY LTD
(ACN 065 951 395)
Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 23 march 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application filed 21 August 1995 be dismissed. 2. The applicant pay the respondent's taxed costs of the application and the hearing including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 715 of 1995
BETWEEN: BETTA FOODS AUSTRALIA PTY LTD
(ACN 006 278 299)
Applicant
AND: BETTA FRUIT BARS PTY LTD
(ACN 065 951 395)
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