Turner v General Motors (Australia) Pty Ltd [1929] HCA 22

352 HIGH COURT [1929.

H.C. or A. The respondent's appeal to the Supreme oe Court dismissed with costs including the Commas- costs of the special case. SIONER OF we Solicitor for the appellant, J. L. Walker, Crown Solicitor for p.&w, Western Australia.

see Solicitors for the respondent, Stone, James & Co. nD.

'ain v

fier enna AR GR Ieee iyi

yearly ee Gages kei Ine ko Inc

[HIGH COURT OF AUSTRALIA.)

TURNER AND ANOTHER ae : . APPELLANTS ; DEFENDANTS,

AND GENERAL MOTORS (AUSTRALIA) PRO-

PRIETARY LIMITED AND OTHERS PrarntirF AND DrrenDANts,

' RESPONDENTS.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Trade Names—Similarity calculated to deceive—Business reputation—Passing off—

1929. Delay by party seeking relief—Laches—Acquiescence—Form of injunction. Sypnry, An American manufacturer of cars with a trade reputation in Australia

July 29,30, 'Marketed them in Australia through agents whose operations it controlled

eden by means of a subsidiary company. It determined to form a new company Menocrnr,

in Australia to be called by a name based on its own, which would here assemble Oct. 7. its cars and put them on the market. It advertised its intention to do so rena and actually formed the company, which commenced to erect a factory. It Isaacs, and did not, however, assign any of its goodwill to the new company, nor did the

subsidiary company. 'The defendants thereupon commenced to trade in secondhand cars under a name resembling both that of the new company and that of the American company, and in premises painted with signs which would be read as implying that the establishment was a branch or depot of a business.

42 C.L.R.] OF AUSTRALIA.

353.

Held, that the defendants were representing their business to be part of H.C. or A.

or connected with the business which the new company in fact conducted in Australia, and that, although neither that company nor the American company did business in secondhand ears, the new company was entitled to an injunction.