Applied Business Technology Pty Ltd v Grandmaster Computers [1999] FCA 36

FEDERAL COURT OF AUSTRALIA

Applied Business Technology Pty Ltd v Grandmaster Computers Pty Ltd

[1999] FCA 36

TRADE PRACTICES – misleading or deceptive conduct – whether acronym had become distinctive of applicant's business in a particular country or geographical area – whether respondent's use of same letters amounted to conduct likely to mislead or deceive – whether real chance that conduct likely to mislead or deceive customers or potential customers despite applicant's and respondent's operating in different segments of the computer market – test for determining whether number of persons sufficiently substantial to permit conclusion that conduct likely to mislead or deceive. Trade Practices Act 1974 s 52(1) S & I Publishing Pty Limited v Australian Surf Live Saver Pty Limited [1998] FCA 1463, (Hill, RD Nicholson and Emmett JJ), applied Equity Access Pty Limited v Westpac Banking Corporation (1990) ATPR ¶40-994, cited Thai World Import v Shuey Shing (1989) 17 IPR 289, cited ConAgra Inc v McCain Foods (Aust) (1992) 33 FCR 302, applied

Snoid v CBS Records (1981) 38 ALR 383, cited

Bridge Stockbrokers Ltd v Bridges (1984) 4 FCR 460, applied

Brock v Terrace Times Pty Ltd (1982) 40 ALR 97, cited

APPLIED BUSINESS TECHNOLOGY PTY LIMITED v GRANDMASTER COMPUTERS PTY LIMITED NG 695 of 1998 KATZ J SYDNEY 1 FEBRUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 695 of 1998

JUDGE: KATZ J

DATE OF ORDER: 1 February 1999

WHERE MADE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT: 1 The respondent by itself, its servants and agents be restrained from using in Sydney the letters "ABT" to identify its business. 2 The respondent pay the applicant's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.