Gillette Co & Anor v Pharma-Goods Australia Pty Ltd [1997] FCA 629

The applicants did not establish a sufficient case for interlocutory injunction either on the basis of misleading packaging or impermissible use of trade marks; the balance of convenience also did not favour granting the injunction especially as undertakings were offered to amend the packaging.

Jurisdiction: Australia
Judgment Date: 15 July 1997
Procedural Posture: Interlocutory Injunction Application / Interlocutory (application for Injunction Pending Final Hearing)
Outcome: Interlocutory injunction refused; motion to be dismissed upon bringing in of appropriate short minutes.
Legal Topics: ['trade Marks' 'interlocutory Injunctions' 'misleading or Deceptive Conduct']

['intellectual Property' 'practice and Procedure'] ['trade Marks' 'interlocutory Injunctions' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Interlocutory Injunction Application / Interlocutory (application for Injunction Pending Final Hearing)

Legal Issues

1 ["Whether the packaging of the respondents' razor blade cartridges was misleading by suggesting an association with the applicants or their products" "Whether use of the expression 'compatible with Sensor Razors' on the packaging was misleading" 'Whether the use of the Gillette trade mark was an infringing use under the Trade Marks Act 1995']

Ratio Decidendi

Court Disposition

Interlocutory injunction refused; motion to be dismissed upon bringing in of appropriate short minutes.

Orders

['Respondents to bring in, on a date to be fixed, short minutes of orders in accordance with the reasons of the Court.']