LEWIS & LEWIS

Lewis & Lewis (a firm) and Lewis (the plaintiff) brought proceedings against Lewis & Lewis (a firm) and Lewis (the defendant) in the Supreme Court of Western Australia. The plaintiff sought to restrain the defendant firm from continuing to use the name "Lewis & Lewis" and the surname "Lewis" in its business name and advertising. The plaintiff, a solicitor, had been practising under the name "Lewis & Lewis" for many years and argued that the defendant's use of the same name was likely to cause confusion and damage to his reputation and goodwill.

The central legal issue before the court was whether the defendant's use of the name "Lewis & Lewis" constituted a breach of the plaintiff's rights, specifically in relation to passing off and misleading and deceptive conduct under the Fair Trading Act 1987 (WA). The court was required to determine if there was a likelihood of confusion among the public as to the origin or association of the legal services offered by the two entities, and if such confusion would cause damage to the plaintiff's established business.

Macmillan J found that the plaintiff had established a strong reputation and goodwill in the name "Lewis & Lewis" through his long-standing practice. The court applied the principles of passing off, which require proof of goodwill, misrepresentation, and damage. It was held that the defendant's adoption of the identical name for a similar business operating within the same geographical area created a significant likelihood of confusion and deception. The court also considered the provisions of the Fair Trading Act, finding that the defendant's conduct was likely to mislead or deceive consumers as to the identity of the legal practitioners providing the services.

Consequently, the court granted an injunction restraining the defendant firm from using the name "Lewis & Lewis" and the surname "Lewis" in connection with its legal practice. The defendant was also ordered to pay the plaintiff's costs.