Rove Ranger Pty Ltd v Manfal Pty Ltd [1987] FCA 560

Rove Ranger Pty Ltd v Manfal Pty Ltd [1987] FCA 560

The applicant established prior use and goodwill in 'Trendsetter Homes.' The respondent's use of 'Trendsetter' for house promotion in Queensland is prima facie likely to mislead or cause confusion, and an interlocutory injunction is appropriate pending final determination, with balance of convenience favouring the applicant.

Parties
Applicant: Rove Ranger Pty. Ltd.; Respondent: Manfal Pty. Ltd.
Jurisdiction
Australia
Judgment Date
02 October 1987
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted restraining respondent from promoting houses in Queensland using the word 'Trendsetter'. Costs to be applicant's in proceedings.
Legal Topics
Passing Off, Misleading or Deceptive Conduct, Interlocutory Injunctions
Intellectual Property Trade Practices Passing Off Misleading or Deceptive Conduct Interlocutory Injunctions

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Parties

Rove Ranger Pty. Ltd.

Applicant

Manfal Pty. Ltd.

Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether the respondent's use of the name 'Trendsetter' for house promotion in Queensland would mislead consumers given applicant's prior use and goodwill.
  2. 2 Is an interlocutory injunction warranted to restrain such conduct pending final determination?

Ratio Decidendi

The applicant established prior use and goodwill in 'Trendsetter Homes.' The respondent's use of 'Trendsetter' for house promotion in Queensland is prima facie likely to mislead or cause confusion, and an interlocutory injunction is appropriate pending final determination, with balance of convenience favouring the applicant.

Court Disposition

Interlocutory injunction granted restraining respondent from promoting houses in Queensland using the word 'Trendsetter'. Costs to be applicant's in proceedings.

Orders

  • Until the final determination of the application or earlier order, the respondent is restrained by itself, its servants or agents, from promoting any of its houses in Queensland by use of the word 'Trendsetter' as and from 5 October 1987.
  • Costs of the application today be the applicant's costs in the proceedings.