Federal Court of Australia
CATCHWORDS
Trade Practices - tennis racquets manufactured in Taiwan sold to two Australian companies - Australian companies market the racquets under their own names and the name "Supergraph" - one company first on to the market - relief offered to applicant on conditions that it market racquets so as to distinguish them from
respondent's goods - Trade Practices Act 1974 s.52.,
EMRIK SPORTING GOODS PTY. LIMITED v. STELLAR INTERNATIONAL SPORTING GOODS PTY. LIMITED
No. G 58 of 1981
Coram: Sheppard J. Sydney 2 June, 1981
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 58 of 1981 GENERAL DIVISION
S
EMRIK SPORTING GOODS PTY. LIMITED
Applicant
STELLAR INTERNATIONAL SPORTING GOODS PTY. LIMITED
Respondent
ORDER JUDGE MARKING ORDER: Sheppard J. DATE OF ORDER: 4 June, 1981 WHERE MADE: Sydney
For proposed orders see pp.16-18. When the matter was in the list on 4 June, 1981, it was settled upon the basis of mutual undertakings not to use the name "Supergraph"
after existing stocks had been cleared.
By consent the application was dismissed. There was no
order as to costs,
IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES REGISTRY No. G 58 of 1981
GENERAL DIVISION
EMRIK SPORTING GOODS PTY. LIMITED
Applicant
STELLAR INTERNATIONAL SPORTING GOODS PTY, LIMITED
Respondent CORAM: SHEPPARD J 2 June, 1981
REASONS FOR JUDGMENT
The Topway Company of Taiwan manufactures tennis racquets. Amongst its products is an oversized racquet made by encasing a thermoplastic core in graphite fibre. Racquets so constructed are considered by some to be superior to other types of racquets because less vibration is transmitted to the handle when the ball is hit. The racquets are said to be oversized because their heads are larger than those of conventional tennis racquets. The larger head 1s thought to be an advantage at least by some people because of the larger area which 1s available for striking the ball without there being a mishit.
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