Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Workwear Industries Pty Ltd v Pacific Brands Workwear Group Pty Ltd [2013] FCA 1042 Citation: Workwear Industries Pty Ltd v Pacific Brands Workwear Group Pty Ltd [2013] FCA 1042
Parties: WORKWEAR INDUSTRIES PTY LTD (ACN 061 071 065) v PACIFIC BRANDS WORKWEAR GROUP PTY LTD (ACN 004 055 387)
File number(s): WAD 363 of 2012
Judge(s): SIOPIS J
Date of judgment: 15 October 2013
Catchwords: TRADE PRACTICES – misleading or deceptive conduct – the applicant and the respondent each manufacture and distribute workwear products – the applicant carried on business under the name "Workwear Industries Group" and adopted a logo which contained those words – the respondent began using the name "The Workwear Group" and adopted a logo which contained those words – whether the word "workwear" is a descriptive word – evidence of confusion among applicant's customers – whether confusion was commercially significant – whether the respondent's conduct in deploying its logo was misleading or deceptive or likely to mislead or deceive.
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 29 Trade Practices Act 1974 (Cth) s 52
Cases cited: ConAgra Inc v McCain Foods (Australia) Pty Ltd (1992) 33 FCR 302 Campomar v Nike International (2000) 202 CLR 45 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 SAPAustralia Pty Ltd v Sapient (Australia) Pty Ltd (1999) 169 ALR 1 Knight v Beyond Properties Pty Ltd (2007) 242 ALR 586 Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216 BM Auto Sales Pty Ltd v Budget Rent A Car System Pty Ltd (1976) 12 ALR 363 REA Group Limited v Real Estate One Limited (2013) 102 IPR 1 connect.com.au Pty Ltd v GoConnect Australia Pty Ltd (2000) 178 ALR 348
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