High Court of Australia
Dist Dist Die Rev
FeTviun PET REL coi He
write aikle ealele Sait fax RIS?
470 HIGH COURT (1931,
[HIGH COURT OF AUSTRALIA]
NEED . i i : ' ' ; ' . APPELLANT; DrreNDANT, AND J. H. COLES PROPRIETARY LIMITED. . Responpent. PLaInTIFF,
ON APPEAL FROM THE SUPREME COURT OF
VICTORIA.
H.C. or A, Trade Name—Authority to use—Contract—Licence—Revocation—Registration of firm 1931. name—Use of registered name prohibited—Baclusive right to use of name— Ww Loss of right—Injunction—Business Names Act 1928 (Vict.) (No. 3648), seo, 25.
Mr.pourne, rari The appellant and the respondent entered into an agreement whereby it
was agreed that the appellant should obtain the lease of a shop and should conduct a business there under the respondent's trade name, such business being similar to one carried on by the respondent, and that the appellant should buy all his stock from the respondent at a concession price. No time was fixed for the duration of the agreement. The trade name of the respondent was painted on the appellant's shop by, or under the direction of, the respondent. At first the appellant purchased all his stock requirements from the respondent, but, owing to the respondent being unable to supply the appellant's requirements, his purchases from the respondent diminished until at the end of three years they were almost negligible. After the parties had acted in accordance with the agreement for nearly threo years, the respondent, who was carrying on a similar business in various other shops, purported to terminate the agreement, and brought an action to restrain the appellant from continuing to use the respondent's name.
Held by Rich, Evatt and McTiernan JJ. (Starke and Dizon JJ. dissenting), that no injunction should be granted as the respondent's name had been so used under the licence that at the time of the commencement of the action it did not sufficiently identify the appellant's business as being that of the respondent and that the respondent's conduct had debarred it from equitable relief by way of injunetion,
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