Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sydney Markets Limited v Sydney Flower Market Pty Limited [2002] FCA 124
TRADE PRACTICES – misleading or deceptive conduct – use of similar business names – where non-competing businesses in different markets – whether the words "Sydney Flower Market" have acquired a secondary meaning – date at which reputation is to be assessed – whether the words "Sydney Market" have acquired a secondary meaning – whether there was an intention to deceive – whether use of "Sydney Flower Market" is likely to mislead or deceive even if the name is not distinctive of the applicant's flower market – estoppel – use of similar domain names – whether similar domain names capable of misleading public – need for disclaimers on websites to avoid public being misled Sydney Market Authority Act 1968 (NSW) Business Names Act 1962 (NSW) Trade Practices Act 1974 (Cth) s 52, 53(a), 53(c), 53(d), 53(e) Fletcher Challenge Ltd v Fletcher Challenge Pty Ltd (1981) 1 NSWLR 196 approved Campomar Sociedad, Limitada v Nike International Ltd (1999) 202 CLR 45 applied Cadbury Schweppes Pty Ltd v Pub Squash Co Pty Ltd (1980) 2 NSWLR 851 cited Thai World Import & Export Co Ltd v Shuey Shing Pty Ltd (1989-1990) 17 IPR 289 cited Equity Access Pty Ltd v Westpac Banking Corporation (1989-1990) 16 IPR 431 applied Turner v General Motors (Australia) Pty Ltd (1929) 42 CLR 352 cited Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1977-1978) 140 CLR 216 applied ConAgra Inc v McCain Foods (Aust) Pty Ltd (1992) 33 FCR 302 applied Mark Foys Pty Ltd v TVSN (Pacific) Ltd (2001) 49 IPR 303 cited Peter Isaacson Publications Pty Ltd v Nationwide News Pty Ltd (1984) 56 ALR 595 applied Glev Pty Ltd & Glev Franchises Pty Ltd v Kentucky Fried Chicken Pty Ltd (1994) ATPR 41-299 cited Capital Webworks Pty Ltd v Adultshop.com Ltd [2000] FCA 492 distinguished SYDNEY MARKETS LIMITED v SYDNEY FLOWER MARKET PTY LIMITED N 178 OF 2001 HELY J 22 FEBRUARY 2002 SYDNEY
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