Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Miller v Britt Allcroft (Thomas) LLC [2000] FCA 1724
TRADE PRACTICES – application to restrain use of business name where appellant sells exclusively merchandise manufactured and sold under licence from respondents – whether conduct is likely to mislead or deceive by representing to customers that the business is somehow connected with the respondents or carried on with their licence or approval – efficacy of 'disclaimer' statements.
Fair Trading Act 1987 (SA) s 56 Hogan v Pacific Dunlop Ltd (1988) 83 ALR 403 referred to Pacific Dunlop Ltd v Hogan (1989) 23 FCR 553 referred to Mark Foys Pty Ltd v TVSN (Pacific) Ltd [2000] FCA 1626 followed ROBYN LEANNE MILLER V BRITT ALLCROFT (THOMAS) LLC AND BRITT ALLCROFT (THOMAS) LIMITED NO S 72 OF 2000 JUDGES: BEAUMONT, HEEREY & LEHANE JJ DATE: 1 DECEMBER 2000 PLACE: ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY NO S 72 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROBYN LEANNE MILLER
APPELLANT
AND: BRITT ALLCROFT (THOMAS) LLC
FIRST RESPONDENT
BRITT ALLCROFT (THOMAS) LIMITED
SECOND RESPONDENT
JUDGES: BEAUMONT, HEEREY AND LEHANE JJ
DATE OF ORDER: 1 DECEMBER 2000
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Vary the orders made at first instance on 26 June 2000 by deleting pars (b) and (c) from Order 1. 2. Appeal otherwise dismissed, with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY NO S 72 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ROBYN LEANNE MILLER
APPELLANT
AND: BRITT ALLCROFT (THOMAS) LLC
FIRST RESPONDENT
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