Great Moments Pty Ltd v Collingwood Football Club Ltd & Ors [1996] FCA 676

Procedural Posture

Application for Interlocutory Injunctive Relief Concerning Alleged Misleading or Deceptive Conduct, Passing Off and Breach of Confidence / Interlocutory Application

Legal Issues

1. 1 ["Whether there was a serious question to be tried that publication of the Collingwood print was misleading or deceptive or indicated the same source, association or sponsorship as the applicant's prints." 'Whether the applicant had established a reputation in the relevant market, identified as Victoria or a more limited market, such that consumers were likely to think the Collingwood print emanated from the applicant.' 'Whether there was a serious question to be tried in passing off.' 'Whether an obligation of confidence existed in respect of information or material supplied by Mr Priday to Mr Stapleton or Mr Doolan.' 'Whether the balance of convenience and adequacy of damages justified interlocutory injunctive relief.']

Ratio Decidendi

Interlocutory relief was refused because the applicant's case was relatively weak. The alleged confidence claim was not strong because it was difficult to identify confidential information not already in the public domain. The misleading or deceptive conduct and passing off claims faced considerable difficulty because the applicant had not established a reputation in Victoria such that consumers would associate the prints with the applicant as source; the publicity and presentation of the prints were likely to associate each print with the relevant football club rather than a common commercial source. The balance of convenience, especially when the weakness of the applicant's case was...

Court Disposition

Interlocutory relief refused.

Orders

• ['The interlocutory relief sought is refused.' 'The question of costs be stood over to 9:30am on 1 August 1996.' 'The exhibits be returned.']