Chanel Ltd & Anor v Raymond John Peter Mellick [1981] FCA 259

IN THE FEDDCRAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V.G. No. 199 of 1981

GENERAL DIVISION

BETWEEN: CHANEL LIMITED and CHANEL (AUSTRALIA) PTY. LTD. Applicants and RAYMOND JOIN PETER MULLICK Respondent NORTHROP J. REASONS FOR JUDGMENT 18 DECEMBER 1981

I propose to make the interlocutory injunctions as sought by the applicants. I am satisfied that in regard to

the provisions of the Trade Practices Act 1974 and the facts

established in this case, the Court has jurisdiction to make the orders against Raymond John Peter Mellick, a person not being a corporation, based upon trade or commerce among the States and also the use of postal services, and referring in

particular to s.6(1) and (2)(a)(ii) and (iii) of the Act.

On the material before the Court, I am satisfied in the requisite sense that the respondent, Mellick, has been advertising and, by use of brochures, engaging in trade or

commerce among the States, and also by post, in relation Lo

tas

perfumes in such a way as to be in breach of ss.52, 53A and 55 of the Trade Practices Act, particularly in regard to the reference to Chanel 5, Chanel 19, and any other perfume of the applicant, and that the use of the expressions in the advertisement and the pamphlets or brochures is in breach of

those.

The replica of those perfumes and the substitution in fragrance for those perfumes, constitute conduct contrary to the provisions of the sections of the Act to which I have

referred.

Accordingly, the Court orders that untsl] the heating and determination of this application the respondent, Raymond John Peter Mellick, whether by himself or by his servant or agent or otherwise, directly or indirectly, be

restrained -

(a) from falsely representing, whether expressly or by implication, that the perfumes offerred for sale by the respondent are identical to or virtually identical to the applicant's perfumes or any of

them;

(b) from falsely representing, whether expressly or by implication, that the perfumes offered for sale by

the respondent are substitutes or virtual

(c)

{d)

(e)

(£)

substitutes in fragrance for the epplicant's

perfumes or any of them;

from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondents are a replica or a virtual replica of the applicant's perfumes of

any of them;

from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondent are indistinguishable or virtually indistinguisheble

from the applicant's perfumes or any of them;

from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondent are the

applicant's perfumes or any of them;

from falsely representing, whether expressly or by implication, that the perfumes or any of them offered for sale by the respondent are of the same or virtually the same standard, quality, grade and/or composition as the applicant's perfumes or

any of them;

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(g) from engaging in conduct that is Jivble to mislead the public as to the nature, the manufacturing process or the characteristics of the perfurcs or any of them offered for sale by the respondents, and each of those conducts constituting breaches of

the Trade Practices Act 1974 or being contrary to

the provisions of that Act.

I do not propose to make any order for costs apart from reserving the costs. I have heard what Mr. Robson has said, these are interlocutory proceedings and the normal

procedure is that costs be costs jn the cause or reserved. It seems to me, despite what has been said, it is appropriate

that costs should be costs in the cause in this matter.

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