Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GenRx Pty Limited v Les Laboratoires Servier [2007] FCA 442
TRADE PRACTICES –misleading and deceptive conduct – interlocutory injunction – advertisement and stamp with statement that brand substitution not permitted – serious question to be tried as to whether representation in advertisement of "improved stability" is misleading – serious question to be tried as to whether a stamp specifying no substitution of a specific product is misleading – burden of recalling stamps outweighs potential damage to the applicant – advertisement restrained – no order as to recall Trade Practices Act 1974 (Cth) ss 52, 53, 55 Australian Broadcasting Corporation v O'Neill (2006) 229 ALR 457 applied Beecham Group Limited v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 cited Bradto Pty Ltd v State of Victoria [2006] V ConvR 54-722 cited GENRX PTY LIMITED (ACN 096 916 148) v LES LABORATOIRES SERVIER AND SERVIER LABORATORIES (AUSTRALIA) PTY LTD (ACN 004 838 500) NSD 208 OF 2007
BENNETT J
26 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 208 OF 2007
BETWEEN: GENRX PTY LIMITED
(ACN 096 916 148)
Applicant
AND: LES LABORATOIRES SERVIER
First Respondent
SERVIER LABORATORIES (AUSTRALIA) PTY LTD (ACN 004 838 500)
Second Respondent
JUDGE: BENNETT J
DATE OF ORDER: 26 MARCH 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The parties submit proposed orders to give effect to these reasons, including the undertaking as to damages. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 208 OF 2007
BETWEEN: GENRX PTY LIMITED
(ACN 096 916 148)
Applicant
AND: LES LABORATOIRES SERVIER
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