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McIlhenny Co v Blue Yonder Holdings Pty Ltd formerly t/as Tabasco Design & Anor

[1997] FCA 962 ; (1997) 149 ALR 496

Federal Court of Australia · 18 September 1997 · Official judgment

Cited by 5 indexed judgments

All Distinguished 1 Cited 4

1998: 1 citing judgment 1999: 1 citing judgment 2003: 1 citing judgment 2006: 1 citing judgment, 1 negative 2015: 1 citing judgment 1997 2000 2005 2010 2015 2020 2025
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Campomar Sociedad, Limitada & Anor v Nike International Ltd & Anor Campomar Sociedad, Limitada & Anor v Nike International Ltd & Anor [1998] FCA 776 Cited Federal Court of Australia · judgment
  2. Kellogg Company v PB Foods Ltd [1999] FCA 1610 Cited Federal Court of Australia · cited 2× · judgment
  3. Kailash Center for Personal Development Inc v Yoga Magik Pty Limited [2003] FCA 536 Cited Federal Court of Australia · cited 2× · judgment
  4. Pfizer Products Inc v Karam [2006] FCA 1663 Distinguished Federal Court of Australia · cited 29× · judgment
  5. Collins House Pty Ltd v Golden Age Sunrise Development Pty Ltd [2015] FCA 724 Cited Federal Court of Australia · cited 2× · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (13)

Earliest first, with how this judgment treated each.

  1. Radio Corporation Pty Ltd v Disney (1937) 57 CLR 448 Cited cited 10×
  2. Midland Counties Dairy Ltd v Midland Dairies Ltd (1948) 16 RPC 429 Cited
  3. Henderson v Radio Corporation Pty Ltd (1960) 60 SR (NSW) 576 Cited cited 3×
  4. General Electric Co v General Electric Co Ltd [1972] 1 WLR 729 Cited cited 41×
  5. Childrens TV Workshop Inc v Woolworth (NSW) Ltd [1981] 1 NSW LR 273 Cited
  6. Childrens Television Workshop Inc v Woolworths (NSW) Ltd [1981] 1 NSWLR 273 Cited cited 9×
  7. Moorgate Tobacco Co Ltd v Philip Morris Ltd (No 2) [1984] HCA 73 Cited cited 146×
  8. Cantanae Pty Ltd v Shoshana Pty Ltd [1987] FCA 667 Cited cited 32×
  9. Fido Dido Inc v Venture Stores (Retailers) Pty Ltd (1988) 16 IPR 365 Cited cited 2×
  10. Hogan v Koala Dundee Pty Ltd (1988) 20 FCR 314 Cited cited 5×
  11. Hogan v Pacific Dunlop Ltd (1988) 83 ALR 403 Cited cited 10×
  12. ConAgra Inc v McCain Foods (Aust) Pty Ltd [1992] FCA 176 Cited cited 137×
  13. Twentieth Century Fox Film Corporation v The South Australian Brewery Co Ltd (1996) 66 FCR 451 Cited cited 19×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.