New South Wales Dairy Corporation v Murray Goulburn Co-Operative Co. Ltd

[1988] FCA 505

CATCHWORDS

PRACTICE AND PROCEDURE - Injunction - Application for interlocutory order - Claim partly dependent upon alleged infringement of trade mark - Test to be applied: "prima facie case" or "serious question to be tried".

TRADE MARKS - Claim that brand name adopted by respondent is

deceptively similar to registered trade mark of applicant -

Name used by respondent itself a registered trade mark - Claim by applicant to have respondent's mark removed from register -

Proper approach	by Court to that claim in considering
appllcation for	interlocutory order.
TRADE PRACTICES	- Alleged misleading conduct - Similar brand

names - Likelihood of consumers being misled - Relevance of
dissimilarities in packaging and target market - Distinction
between visual and aural similarity.

Trade Marks Act 1955, 66.23, 58, 62. Trade Practices Act 1974, 66.52, 53.

Wilcox J
Sydney
8 September 1988

NSW G.1156 of 1988

NEW SOUTH WALES DAIRY CORPORATION	V MURRAY GOULBURN
CO-OPERATIVE CO LIMITED