Eyewear chain Specsavers is trying to stop an online retailer from advertising and selling Alex Perry glasses, claiming it has exclusive rights to the fashion designer’s brand.
In a case being heard in the Federal Court in Sydney, Justice Foster last week ordered online retailer Buyinvite be restrained from advertising Alex Perry glasses, so long as Specsavers and its franchisees have the exclusive rights in Australia.
Buyinvite was also ordered to take “all steps necessary to prevent any Google Adword advertisement” by them being displayed in response to Google searches containing the key words ‘Alex Perry’ or ‘Perry’ in conjunction with the words ‘glasses’ or ‘frames’.
It was also ordered to pay Specsavers’ court proceeding costs to date.
Buyinvite calls itself "Australia's online sales events club, where you can find fashion, clothing, electronics and shoes at discounted prices.”
The case is between Specsavers and Buyinvite and its director Stephen Patrick Coles. Buyinvite did not appear in court.
The case was triggered by Buyinvite saying the retailer was selling the glasses at 80% off, as seen on current affairs show Today Tonight: “Alex Perry frames at irresistible prices.”
Specsavers has been running an extensive television promotion campaign of its Alex Perry range, with the designer featured in the ads.
The case was adjourned for a directions hearing on March 22.