Federal Court of Australia
CATCHWORDS
Cross Applications for Interlocutory Injunctions - Misleading Conduct - Passing Off - Sale of Similar Puzzles by Two Traders - Descriptive Trade Name - Distinctive
Get Up - Distinctive Display of Trade Name - Injunction to Protect - Advertised Claim by One Trader of Sole Right to Use Name - Threats to Customers of Other Trader - Injunction
to Prevent Repetition of Claim and Threats.
Secns 52(1) and 80, Trade Practices Act 1974
JOHN ENGELANDER & CO. PTY. LIMITED v IDEAL TOY CORPORATION and IDEAL LEISURE PTY. LIMITED
No. VG of 1981
CORAM: Fox J
Melbourne
12 May, 1981.
IN THE FEDERAL COURT
OF AUSTRALIA VICTORIA REGISTRY
GENERAL DIVISION
BETWEEN
AND
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA REGISTRY
GENERAL DIVISION
BETWEEN
AND
JUDGE MAKING ORDER:
DATE OF ORDER: WHERE MADE:
The Court orders that:
No. VG 63 of 1981
ee
JOHN ENGELANDER §& CO. PTY LIMITED
Applicant
IDEAL TOY CORPORATION and IDEAL LEISURE PTY LIMITED
Respondents
No. VG 68 of 1981
ee
POLITECHNIKA IPARI SZOEVETKEZET IDEAL TO RPORATION an IDEA EITSURE LTD
Applicants
JOHN ENGELANDER AND CO. PTY LTD B NOMINEES PTY LTD — MICHAEL JOHN WILTON and
LORIS JEAN WILTON
Respondents
ORDERS
Fox J. 12 May 1981.
Melbourne.
1) The injunction granted on 30 April 1981 in action No. VG68
of 1981 be dissolved.
2) In action No. VG68 of 1981 upon counsel for the applicants
giving the usual undertaking as to damages -
a)
b)
John Engelander § Co. Proprietary Limited by itself its servants and agents be restrained until the hearing of the action or further order from selling or offering for sale in Australia a Rubik's Cube puzzle under whatever name, not being one supplied by Ideal Toy Corporation or Ideal Leisure Pty Ltd in a get-up the same or deceptively similar to that at present used by those parties for the sale of the same
puzzle or in response to an order in Australia for the puzzle supplied by those parties or either of them under that name.
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