Cue Design Pty Ltd & Anor v. Playboy Enterprises Pty Ltd & Anor [1982] FCA 245

Cue Design Pty Ltd & Anor v. Playboy Enterprises Pty Ltd & Anor [1982] FCA 245

On the evidence, the applicants have not established a significant local reputation with the name 'Cue' in Adelaide nor any meaningful association or overlap between their business and that of the respondents, nor have they demonstrated a prima facie case for misleading or deceptive conduct, passing off, or a sufficient risk of public confusion justifying interim injunctive relief.

Parties
First Applicant: Cue Design Pty. Limited; Second Applicant: Clobber Manufacturing Pty. Limited; First Respondent: Playboy Enterprises Pty. Limited trading as "The Cue Restaurant"; Second Respondent: Malcolm Alex Pearce; Third Respondent: Vicki Pearce
Jurisdiction
Australia
Judgment Date
05 November 1982
Procedural Posture
Application for Interlocutory (interim) Injunction / Interlocutory Hearing and Order
Outcome
Application for interlocutory relief dismissed; costs reserved.
Legal Topics
Misleading or Deceptive Conduct, Passing Off, Injunctions, Business Names
Trade Practices Consumer Protection Misleading or Deceptive Conduct Passing Off Injunctions Business Names

Case Brief

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Parties

Cue Design Pty. Limited

First Applicant

Clobber Manufacturing Pty. Limited

Second Applicant

Playboy Enterprises Pty. Limited trading as "The Cue Restaurant"

First Respondent

Malcolm Alex Pearce

Second Respondent

Vicki Pearce

Third Respondent

Procedural Posture

Application for Interlocutory (interim) Injunction / Interlocutory Hearing and Order

Legal Issues

  1. 1 Whether use of 'Cue' by respondents breaches Trade Practices Act provisions against misleading or deceptive conduct and passing off
  2. 2 Whether there is a misrepresentation of business connection between two parties
  3. 3 Whether applicants have sufficient reputation and public association with the name 'Cue' to justify interim injunction

Ratio Decidendi

On the evidence, the applicants have not established a significant local reputation with the name 'Cue' in Adelaide nor any meaningful association or overlap between their business and that of the respondents, nor have they demonstrated a prima facie case for misleading or deceptive conduct, passing off, or a sufficient risk of public confusion justifying interim injunctive relief.

Court Disposition

Application for interlocutory relief dismissed; costs reserved.

Orders

  • The application for interlocutory relief be dismissed.
  • Costs of the application reserved.