Trading Post Australia Pty Ltd (ACN 001 821 156) v Northern Star Ltd (ACN 000 011 174) [2000] FCA 992

Trading Post Australia Pty Ltd (ACN 001 821 156) v Northern Star Ltd (ACN 000 011 174) [2000] FCA 992

There was a serious question to be tried that the respondents deliberately created a publication with sufficient similarities to the applicants' regional Trading Post to mislead members of the public and to pass off the respondents' publication as that of the applicants. Although the undertakings removed many similarities, the initial creation of a close facsimile could continue to affect public perception in later editions. The first three residual contentious features were likely to perpetuate the effect of the respondents' past conduct, whereas the proposed category identifications were ordinary for this type of publication and would not materially bear on that effect. Interlocutory...

Jurisdiction
Australia
Judgment Date
25 July 2000
Procedural Posture
Application for Interlocutory Injunctions and Other Relief Alleging Contravention of S 52 of the Trade Practices Act 1974 (cth), Passing Off and Copyright Infringement / Interlocutory Application Heard on 24 and 25 July 2000; Judgment and Orders Made on 25 July 2000 Pending Determination of the Proceedings or Further Order
Outcome
Interlocutory injunctive relief granted in part; undertakings noted; respondents ordered to pay the applicants' costs of the interlocutory application.
Legal Topics
['interlocutory Injunctions' 'misleading or Deceptive Conduct' 'classified Advertising Publications' 'passing Off of Publications' 'copyright in Compilations' 'undertakings to the Court']
['injunctions' 'trade Practices' 'passing Off' 'copyright'] ['interlocutory Injunctions' 'misleading or Deceptive Conduct' 'classified Advertising Publications' 'passing Off of Publications' 'copyright in Compilations' 'undertakings to the Court']

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Procedural Posture

Application for Interlocutory Injunctions and Other Relief Alleging Contravention of S 52 of the Trade Practices Act 1974 (cth), Passing Off and Copyright Infringement / Interlocutory Application Heard on 24 and 25 July 2000; Judgment and Orders Made on 25 July 2000 Pending Determination of the Proceedings or Further Order

Legal Issues

  1. 1 ["Whether orders should be made supplementing the respondents' undertakings so as to limit the manner and form in which the respondents could publish their classified advertising newspaper pending final hearing" 'Whether there was a serious question to be tried that the respondents had engaged or were likely to engage in misleading or deceptive conduct contrary to s 52 of the Trade Practices Act 1974 (Cth)' 'Whether there was a serious question to be tried that the respondents had passed off their product as that of the applicants' "Whether the alleged copyright in a compilation under the Copyright Act 1968 (Cth) could extend to the manner and style in which the applicants' publication was put together or compiled" 'Whether the balance of convenience favoured interlocutory restraint beyond the undertakings offered']

Ratio Decidendi

There was a serious question to be tried that the respondents deliberately created a publication with sufficient similarities to the applicants' regional Trading Post to mislead members of the public and to pass off the respondents' publication as that of the applicants. Although the undertakings removed many similarities, the initial creation of a close facsimile could continue to affect public perception in later editions. The first three residual contentious features were likely to perpetuate the effect of the respondents' past conduct, whereas the proposed category identifications were ordinary for this type of publication and would not materially bear on that effect. Interlocutory...

Court Disposition

Interlocutory injunctive relief granted in part; undertakings noted; respondents ordered to pay the applicants' costs of the interlocutory application.

Orders

  • ['Pending the determination of these proceedings or earlier further order, the respondents whether by themselves their directors, officers, servants, agents or otherwise howsoever be restrained from in trade or commerce in north-eastern New South Wales publishing, printing, promoting or distributing, any publication...