Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Luxottica Retail Australia Pty Ltd v Specsavers Pty Ltd [2010] FCA 423 Citation: Luxottica Retail Australia Pty Ltd v Specsavers Pty Ltd [2010] FCA 423
Parties: LUXOTTICA RETAIL AUSTRALIA PTY LTD (ACN 000 025 758) v SPECSAVERS PTY LTD (ACN 097 147 932)
File number(s): NSD 353 of 2010
Judges: PERRAM J
Date of judgment: 5 May 2010
Corrigendum: 25 May 2010
Catchwords: TRADE PRACTICES – Misleading and deceptive conduct – Comparative advertising – Whether casual but inattentive television viewer would be likely to have been misled or deceived
Legislation: Trade Practices Act 1974 (Cth) ss 52, 80
Cases cited: Gillette Australia Pty Ltd v Energizer Australia Pty Ltd (2002) 193 ALR 629 cited Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 cited R v Smith (1986) 7 NSWLR 444 cited Telstra Corporation Ltd v Optus Communications Pty Ltd (1996) 36 IPR 515 applied
Date of hearing: 29-30 April 2010
Date of last submissions: 30 April
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 44
Counsel for the Applicant: Mr A S Bell SC with Mr M R Hall
Solicitor for the Applicant: Mallesons Stephen Jaques
Counsel for the Respondent: Mr R Cobden SC
Solicitor for the Respondent: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 353 of 2010
BETWEEN: LUXOTTICA RETAIL AUSTRALIA PTY LTD (ACN 000 025 758)
Applicant
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