Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jackel International Limited v Jackel Pty Ltd [2011] FCA 1516 Citation: Jackel International Limited v Jackel Pty Ltd [2011] FCA 1516
Parties: JACKEL INTERNATIONAL LIMITED, SANGENIC INTERNATIONAL LIMITED and MAYBORN ANZ PTY LTD (ACN 154 703 134) v JACKEL PTY LTD (ACN 128 984 707), JACKEL TRADE MARKS PTY LTD (ACN 129 846 690) and JACKEL ANZ PTY LIMITED (ACN 133 251 546)
File number: VID 1467 of 2011
Judge: DODDS-STREETON J
Date of judgment: 23 December 2011
Catchwords: TRADE PRACTICES – Application for interim or interlocutory relief to restrain respondents from making allegedly false representations regarding ownership of trade marks and associated reputation and goodwill – Respondents made representations to retailers and wholesalers – Whether distribution arrangement between applicants and respondents – Whether serious question to be tried that respondents' use of the marks constituted use by the applicants and the respondents' representations misleading – Whether balance of convenience favours grant of injunction
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 items 18 and 29
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 cited Bradto Pty Ltd v State of Victoria (2006) 15 VR 65 cited
Date of hearing: 22 December 2011
Date of last submissions: 22 December 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 71
Counsel for the Applicants: Ms E Strong SC with Mr L Merrick
Solicitor for the Applicants: Corrs Chambers Westgarth
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate