Reilly Bishop (Vic) Pty Ltd & Anor v Associated Electrics Pty Ltd & Ors [1981] FCA 240

Reilly Bishop (Vic) Pty Ltd & Anor v Associated Electrics Pty Ltd & Ors [1981] FCA 240

The court found that the respondents' use of 'Mr Movies Video' did not amount to a use of 'Mr Video' nor represent a connection in breach of the injunction, as the visual impression of the advertisement was 'Mr Movies - Video'. Contempt of court was not proved beyond reasonable doubt.

Parties
First Applicant: Reilly Bishop (VIC) Pty Limited; Second Applicant: John Bishop; First Respondent: Associated Electrics Pty Limited; Second Respondent: Noel Francis Crabbe; Third Respondent: Joan Lesley Crabbe
Jurisdiction
Australia
Judgment Date
07 December 1981
Procedural Posture
Motion for Contempt (civil) / Final Judgment on Interlocutory Contempt Motion
Outcome
Application dismissed with costs.
Legal Topics
Interlocutory Injunction, Trade Mark Infringement, Misleading or Deceptive Conduct
Contempt of Court Intellectual Property Trade Practices Interlocutory Injunction Trade Mark Infringement Misleading or Deceptive Conduct

Case Brief

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Parties

Reilly Bishop (VIC) Pty Limited

First Applicant

John Bishop

Second Applicant

Associated Electrics Pty Limited

First Respondent

Noel Francis Crabbe

Second Respondent

Joan Lesley Crabbe

Third Respondent

Procedural Posture

Motion for Contempt (civil) / Final Judgment on Interlocutory Contempt Motion

Legal Issues

  1. 1 Whether use of 'Mr Movies Video' logo constitutes contempt of court order restraining use of 'Mr Video'
  2. 2 Whether the advertisement represents a connection with the applicants sufficient to breach court order

Ratio Decidendi

The court found that the respondents' use of 'Mr Movies Video' did not amount to a use of 'Mr Video' nor represent a connection in breach of the injunction, as the visual impression of the advertisement was 'Mr Movies - Video'. Contempt of court was not proved beyond reasonable doubt.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.