Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Easyway Australia Pty Ltd v Infinite Plus Pty Ltd [2011] FCA 351 Citation: Easyway Australia Pty Ltd v Infinite Plus Pty Ltd [2011] FCA 351
Parties: EASYWAY AUSTRALIA PTY LTD (ACN 104 693 763), EASYWAY FRANCHISING PTY LTD (ACN 101 858 815), ETERNITY TRADING PTY LTD (ACN 096 343 903), INFINITY ENTERPRISE PTY LTD (ACN 100 743 771), WORLD VENTURE PTY LTD (ACN 113 047 251), PERPETUAL CORPORATION PTY LTD (ACN 109 359 266) and EASY WAY QUEENSLAND PTY LIMITED (ACN 108 821 530) v INFINITE PLUS PTY LTD (ACN 136 677 453)
File number: NSD 1063 of 2010
Judge: FOSTER J
Date of judgment: 12 April 2011
Catchwords: TRADE PRACTICES – misleading and deceptive conduct – comparative advertising – whether figurative statements by the use of text, images and colour constituted representations to the effect that the applicants' "Easy Way" products were inferior to the respondent's "Chatime" products – relevant principles discussed – publications have to be evaluated as a whole – alleged representations held to have been made – injunction and corrective advertising ordered
Legislation: Trade Practices Act 1974 (Cth) ss 51A, 52 and 80
Cases cited: Australian Competition & Consumer Commission v Alvaton Holdings Pty Ltd [2010] FCA 760 followed Hoover (Australia) Pty Ltd v Email Ltd (1991) 104 ALR 369 followed Jones v Dunkel (1959) 101 CLR 298 applied Luxottica Retail Australia Pty Ltd v Specsavers Pty Ltd (No 2) [2010] FCA 644 followed Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 applied
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