High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
CAMPOMAR SOCIEDAD, LIMITADA & ANOR APPELLANTS
AND
NIKE INTERNATIONAL LIMITED & ANOR RESPONDENTS
Campomar Sociedad, Limitada v Nike International Limited
[2000] HCA 12
9 March 2000
S41/1999
ORDER
1. Appeal allowed.
2. Set aside the orders of the Full Court of the Federal Court of Australia made on 7 July 1998 and in place thereof order that:
(a) the appeal to that Court be allowed in part;
(b) Order 3 of the orders made by Sheppard J on 20 August 1996 be set aside;
1. Orders 1 and 2 of the orders made by Sheppard J on 20 August 1996 each be varied by adding the words "SPORT FRAGRANCE" after "NIKE" appearing therein; 2. reserve liberty to any party to apply to a Justice of the Federal Court of Australia for variation of the terms of the orders of Sheppard J (as varied by these orders) on application made within 28 days of the date of this order;
(e) the respondents pay two-thirds of the appellants' costs of the appeal to the Full Court;
(f) otherwise the appeal to the Full Court be dismissed.
3. The respondents pay two-thirds of the appellants' costs of the appeal.
2.
On appeal from the Federal Court of Australia
Representation
D K Catterns QC with J R Baird for the appellants (instructed by Mallesons Stephen Jaques)
D F Jackson QC with J V Nicholas for the respondents (instructed by Sprusons Solicitors)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
CAMPOMAR SOCIEDAD, LIMITADA APPELLANT
AND
NIKE INTERNATIONAL LIMITED & ANOR RESPONDENTS
Campomar Sociedad, Limitada v Nike International Limited
9 March 2000
S42/1999
ORDER
1. Appeal allowed with costs. 2. Set aside the orders of the Full Court of the Federal Court of Australia and in place thereof order that:
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