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

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

Advertising and selling perfumes as replicas or substitutes for applicant's perfumes, or representing them as identical or of the same quality, constitute conduct contrary to ss.52, 53A, and 55 of the Trade Practices Act 1974.

Source-derived case information.

Parties
Applicant: CHANEL LIMITED; Applicant: CHANEL (AUSTRALIA) PTY. LTD.; Respondent: Raymond John Peter Mellick
Jurisdiction
Australia
Judgment Date
18 December 1981
Procedural Posture
Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted; costs in the cause.
Legal Topics
Misleading Conduct, False Representation, Sale of Perfumes
Trade Practices Misleading Conduct False Representation Sale of Perfumes

Source-derived case record

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Parties

CHANEL LIMITED

Applicant

CHANEL (AUSTRALIA) PTY. LTD.

Applicant

Raymond John Peter Mellick

Respondent

Procedural Posture

Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether the respondent's advertising and sale of perfumes constituted misleading and false representations breaching the Trade Practices Act 1974.
  2. 2 If the Court has jurisdiction against an individual based on trade or commerce among the States and use of postal services.

Ratio Decidendi

Advertising and selling perfumes as replicas or substitutes for applicant's perfumes, or representing them as identical or of the same quality, constitute conduct contrary to ss.52, 53A, and 55 of the Trade Practices Act 1974.

Court Disposition

Interlocutory injunction granted; costs in the cause.

Orders

  • The respondent, whether by himself or by his servant or agent or otherwise, directly or indirectly, is restrained from falsely representing that perfumes offered for sale are identical to, substitutes for, replicas of, indistinguishable from, composed like, or of the same quality as the applicant's perfumes.
  • The respondent is restrained from conduct liable to mislead the public as to the nature, manufacturing process, or characteristics of the perfumes offered for sale, constituting breaches of the Trade Practices Act 1974.