Federal Court of Australia
FEDERAL COURT OF AUSTRALIA INJUNCTIONS - application for interlocutory injunction restraining fitness gymnasium from representing it was affiliated, connected or associated with applicant female fitness centre - whether serious issue to be tried - whether balance of convenience in favour of relief. TRADE PRACTICES - misleading and deceptive conduct - elements of action - whether reputation acquired in the words "today's woman" distinctive of business - use of descriptive words in advertising and promotional material - whether acquired secondary meaning - whether a misrepresentation that businesses affiliated or associated with each other. INTELLECTUAL PROPERTY - passing off - elements of action - whether reputation established - whether a misrepresentation.
Trade Practices Act 1974 (Cth): s 52, s 53(aa), (c), (d) Pt V
Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 - considered Equity Access Pty Ltd v Westpac Banking Corporation (1989) 16 IPR 431 - considered Telmak Teleproducts (Australia) Pty Ltd v Coles Myer Limited (1989) 15 IPR 362 - considered FERNWOOD FITNESS CENTRE PTY LTD v TODAY'S WOMAN HEALTH AND FITNESS PTY LTD & ORS VG 153 OF 1998 GOLDBERG J MELBOURNE 8 MAY 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 153 of 1998
BETWEEN: FERNWOOD FITNESS CENTRE PTY LTD
(ACN 056 146 788)
Applicant
AND: TODAY'S WOMAN HEALTH AND FITNESS PTY LTD
(ACN 080 242 799)
First Respondent
PETER McCOMB
Second Respondent
DENISE HARRIS
Third Respondent
WILLIAM EDWARD BARTON
Fourth Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 8 MAY 1998
WHERE MADE: MELBOURNE
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