Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
connect.com.au Pty Ltd v GoConnect Australia Pty Ltd [2000] FCA 1148 TRADE PRACTICES – misleading or deceptive conduct – where applicant and respondent Internet Service Providers – whether applicant had established a reputation in the name "connect" – whether use of the word "connect" in the respondent's logo a representation that the respondent is the applicant or that the respondent is affiliated with the applicant –– whether manner in which word "connect" used in respondent's logo sufficient to distinguish respondent – whether public likely to perceive respondent's logo as indicative of movement by applicant into new segment of the Internet industry – whether evidence of confusion INTELLECTUAL PROPERTY – trade marks – infringement – whether respondent's logo so nearly resembles applicant's trade marks so as to be likely to deceive or cause confusion – whether use of the word "connect" in respondent's logo causes persons to wonder if source of the service is the applicant COSTS – application for indemnity costs – whether submissions made by applicant without substance – whether evidence of intention by applicant to abandon use of the word "connect" in relation to retail services justifies special order for costs
Trade Practices Act 1974 (Cth) ss 52, 53 Trade Marks Act 1995 (Cth) s 10
Australian Woollen Mills Ltd v F S Walton & Co Ltd (1937) 58 CLR 641 referred to Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 applied Opals Australia Pty Ltd v Opals Australiana Pty Ltd (1993) ATPR ¶41,556 referred to Office Cleaning Services Ltd v Westminster Window and General Cleaners Ltd (1946) 63 RPC 39 referred to Wingate Marketing Pty Ltd v Levi Strauss & Co (1994) 121 ALR 191 referred to Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 applied J Corp v Australian Builders Labourers Federation Union of Workers, WA Branch (No 2) (1993) 46 IR 301 referred to
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