Hartland Investments Pty Ltd v Coles K.M.A. Ltd & Anor [1983] FCA 376

Hartland Investments Pty Ltd v Coles K.M.A. Ltd & Anor [1983] FCA 376

The likelihood that the respondents' use of the name 'Shapes' might mislead consumers into believing their products are associated with those of the applicant, combined with the balance of convenience and public interest, warranted the grant of an interlocutory injunction pending trial.

Source-derived case information.

Parties
Applicant: Hartland Investments Pty Limited; First Respondent: Coles K.M.A. Limited; Second Respondent: Crystal Clothing International Pty Limited
Jurisdiction
Australia
Judgment Date
12 December 1983
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Passing Off, Misleading Conduct, Trade Practices, Business Names
Intellectual Property Consumer Law Passing Off Misleading Conduct Trade Practices Business Names

Source-derived case record

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Parties

Hartland Investments Pty Limited

Applicant

Coles K.M.A. Limited

First Respondent

Crystal Clothing International Pty Limited

Second Respondent

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether use of identical name 'Shapes' by respondents is likely to mislead consumers
  2. 2 Whether interlocutory injunction should be granted restraining use of the name until trial

Ratio Decidendi

The likelihood that the respondents' use of the name 'Shapes' might mislead consumers into believing their products are associated with those of the applicant, combined with the balance of convenience and public interest, warranted the grant of an interlocutory injunction pending trial.

Court Disposition

Interlocutory injunction granted

Orders

  • Respondents restrained until trial or further order from using the name 'Shapes' or any deceptively similar name in connection with advertising and, from 17 December 1983, in connection with sale of articles of female clothing
  • Costs reserved