Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seven Network Ltd v News Interactive Pty Ltd [2004] FCA 1047 TRADE PRACTICES - Misleading or deceptive conduct - Representations to the public - "Olympic" representations on the website of a "prescribed information provider" - Allegation representations falsely convey relationship of association with or approval by official Olympic bodies - Allegation representations falsely convey broadcast rights in relation to the Athens Olympic Games - principles of association - erroneous assumptions - transitory impression - reasonable members of class of consumers likely to be affected by conduct - association can be subtle - each case turns on own particular circumstances and context - "prescribed information provider" defence - no monopoly on reporting the Olympic Games - reasonable visitor to websites - no express wording of affiliation, approval or sponsorship - (CTH) Trade Practices Act 1974 ss 52, 53, 65A, 80 - (CTH) Federal Court of Australia Act 1976 s 23. Trade Practices Act 1974 (Cth) ss 52, 53, 65A and 80 Federal Court of Australia Act 1976 s 23 Olympic Insignia Protection Act 1987 (Cth) Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 cited Taco Company of Australia Inc v Taco Bell Pty Limited (1982) 42 ALR 177 cited Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Limited (1982) 149 CLR 191 discussed World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 cited CRW Pty Ltd v Sneddon (1972) AR(NSW) 17 cited Pacific Dunlop Limited v Hogan (1989) 23 FCR 553 discussed Twentieth Century Fox & Anor v South Australian Brewery Co Limited & Anor (1996) 66 FCR 451 cited Mark Foys Pty Ltd v TVSN (Pacific) Ltd (2000) 101 FCR 61 cited South Australian Brewery Co Pty Ltd v Carlton & United Breweries Limited (2001) 185 ALR 719 discussed New Zealand Olympic and Commonwealth Games Association Inc v Telecom New Zealand Ltd (1996) 35 IPR 55 discussed Lovatt v Consolidated Magazines Pty Ltd (1988) 12 IPR 261 discussed Gianni Versace SpA v Monte (2002) 119 FCR 349 cited SEVEN NETWORK LIMITED & SEVEN NETWORK (OPERATIONS) LIMITED v NEWS INTERACTIVE PTY LTD, NEWS LIMITED & PREMIER MEDIA GROUP PTY LIMITED N1214 OF 2004 TAMBERLIN J SYDNEY 12 AUGUST 2004
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