Heritage Building Society Limited v Brooks Consultancy Services Pty Ltd [2002] FCA 410

Heritage Building Society Limited v Brooks Consultancy Services Pty Ltd [2002] FCA 410

Because Heritage Building Society had a longstanding and well-known presence in Toowoomba and offered financial planning services, and because many people in that area would associate "Heritage Asset Planning" financial advice seminars with it, there was a clear basis for passing off and a sufficient foundation for urgent interlocutory relief restraining the respondents' use of that name unless corrective notices, advertisements and announcements were made.

Jurisdiction
Australia
Judgment Date
08 March 2002
Procedural Posture
Application for Urgent Interlocutory Relief Concerning Use of the Name "heritage Asset Planning" / Interlocutory Application Heard on Short Notice
Outcome
Urgent interlocutory relief granted; application adjourned to 15 March 2002; costs reserved.
Legal Topics
['passing Off' 'trade Mark Infringement' 'interlocutory Injunctions' 'misleadingly Similar Business Name']
['intellectual Property' 'equity'] ['passing Off' 'trade Mark Infringement' 'interlocutory Injunctions' 'misleadingly Similar Business Name']

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Procedural Posture

Application for Urgent Interlocutory Relief Concerning Use of the Name "heritage Asset Planning" / Interlocutory Application Heard on Short Notice

Legal Issues

  1. 1 ['Whether the respondents should be restrained from using the name "Heritage Asset Planning" in connection with financial planning seminars in Toowoomba without corrective notices and announcements.' 'Whether the applicant had established a sufficient basis for urgent interlocutory relief on short notice.' 'Whether the respondents\' use of "Heritage Asset Planning" was likely to be associated with Heritage Building Society in the Toowoomba area.']

Ratio Decidendi

Because Heritage Building Society had a longstanding and well-known presence in Toowoomba and offered financial planning services, and because many people in that area would associate "Heritage Asset Planning" financial advice seminars with it, there was a clear basis for passing off and a sufficient foundation for urgent interlocutory relief restraining the respondents' use of that name unless corrective notices, advertisements and announcements were made.

Court Disposition

Urgent interlocutory relief granted; application adjourned to 15 March 2002; costs reserved.

Orders

  • ['The time for service of the application and supporting affidavits was abridged to enable the application to be heard instanter.' 'The respondents were restrained from using the name "Heritage Asset Planning" or any colourable variation in connection with the seminar on 12 March 2002 at the Mercure Hotel Burke &...