Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chanel Limited v Design Elegance Pty Ltd (ACN 083 361 755) [2005] FCA 1664
Trade Practices Act 1974 (Cth), s 52, s 53 Fair Trading Act 1989 (Qld), s 38, s 40
CHANEL LIMITED AND CHANEL AUSTRALIA PTY LIMITED (ACN 000 012 153) v DESIGN ELEGANCE PTY LTD (ACN 083 361 755) AND BARBARA MASKIELL
NSD 1004 OF 2005
GYLES J
18 NOVEMBER 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1004 OF 2005
BETWEEN: CHANEL LIMITED
FIRST APPLICANT
CHANEL AUSTRALIA PTY LIMITED (ACN 000 012 153)
SECOND APPLICANT
AND: DESIGN ELEGANCE PTY LTD (ACN 083 361 755)
FIRST RESPONDENT
BARBARA MASKIELL
SECOND RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 18 NOVEMBER 2005
WHERE MADE: SYDNEY
THE COURT DECLARES THAT: 1. The First Respondent has infringed Australian registered trade marks 74368, 122296, 174921, 292821, 297157, 304615, 335147, 463755, 463758, 469762, 525736, 525737, 852545 and 852546 (together, the Chanel Trade Marks).
2. The Second Respondent has infringed the Chanel Trade Marks and/or authorised, aided, abetted, counselled or procured the infringement of the Chanel Trade Marks by the First Respondent, or acted in concert or common design with the First Respondent to infringe the Chanel Trade Marks.
3. The First Respondent has, in contravention of s 52 of the Trade Practices Act 1974 (Cth), engaged in conduct, in trade or commerce, that is misleading and deceptive or likely to mislead or deceive by selling or offering for sale goods which bear the word CHANEL or which bear the CHANEL Crossed C's Device (depicted below), which are not the goods of the Applicants.
4. The First Respondent has, in contravention of s 53 of the Trade Practices Act 1974 (Cth), in trade or commerce, in connection with the supply or possible supply of goods, made false representations by selling or offering for sale goods which bear the word CHANEL or which bear the CHANEL Crossed C's Device, which are not the goods of the Applicants.
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