Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Playcorp Group of Companies Pty Ltd v Peter Bodum A/S [2010] FCA 23 Citation: Playcorp Group of Companies Pty Ltd v Peter Bodum A/S [2010] FCA 23
Parties: PLAYCORP GROUP OF COMPANIES PTY LTD (ACN 115 163 025) and PLAYCORP PTY LTD (ACN 006 277 363) v PETER BODUM A/S, BODUM (AUSTRALIA) PTY LIMITED (ACN 104 809 672) and PI-DESIGN AG PETER BODUM A/S, BODUM (AUSTRALIA) PTY LIMITED (ACN 104 809 672) and PE-DESIGN AG v DKSH AUSTRALIA PTY LTD (ACN 005 059 307)
File number: VID 423 of 2008 NSD 472 of 2008
Judge: MIDDLETON J
Date of judgment: 2 February 2010
Catchwords: TRADE PRACTICES – Misleading and deceptive conduct — s 52 of the Trade Practices Act – relevant date for the assessment of conduct - conduct not held to be misleading. TORT – Passing off — establishing a reputation or secondary meaning in the product - whether the promotion and supply of similar articles is likely to deceive potential purchasers to believe the rival trader's product was put out by or associated with the applicant or that the rival trader is itself associated with the applicant. INTERPRETATION OF SETTLEMENT DEEDS AND RELEASES – Matters in contemplation of parties at the time release given.
Legislation: Trade Practices Act 1974 (Cth) Corporations Act 2001 (Cth)
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