Louis Vuitton Malletier S A v D & L Design Pty Ltd [2003] FCA 475

FEDERAL COURT OF AUSTRALIA

Louis Vuitton Malletier S A v D & L Design Pty Ltd [2003] FCA 475 TRADE MARKS – application for summary judgment – infringement action pursuant to s 120 Trade Marks Act 1995 (Cth) – infringing conduct admitted –– respondent companies offering for sale and selling handbags bearing marks which were substantially identical with, or deceptively similar to, the applicants' registered trade marks – whether declarations and injunctions should be granted. TRADE PRACTICES – misleading and deceptive conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth) – false representations in contravention of s 53(c) of the Trade Practices Act 1974 (Cth) – contravening conduct admitted – respondent companies offering for sale and selling handbags bearing marks or styles which were substantially identical with, or deceptively similar to, the applicants' registered trade marks and unregistered marks or styles with which the applicants had come to be associated. TORT – passing off – contravening conduct admitted – respondent companies offering for sale and selling handbags bearing marks or styles which were substantially identical with, or deceptively similar to, the applicants' registered trade marks and unregistered marks or styles with which the applicants had come to be associated – no direct evidence of loss or damage suffered by applicants but probability that loss and damage occurred. Trade Marks Act 1995 (Cth): s 120 Trade Practices Act 1974 (Cth): ss 52 and 53(c)

Pinky's Pizza Ribs on the Run Pty Ltd v Pinky's Seymour Pizza & Pasta Pty Ltd [1997] ATPR 41‑600, referred to Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177, referred to

LOUIS VUITTON MALLETIER S A & ORS v D & L DESIGN PTY LTD V 522 of 2002 GOLDBERG J 16 MAY 2003 MELBOURNE