Federal Court of Australia
CATCHWORDS
Trade Practices ~ Conduct misleading or deceptive or likely to mislead or deceive - Cricketers wearing applicants' cricket helmet depicted on boxes containing respondent's helmet -
Prima facie breach s.52 Trade Practices Act.
Associated jurisdiction - Matter involving Trade Practices Act
associated with alleged breach of copyright in registered
design - s.32 Federal Court of Australia Act.
Registered designs - First named applicant exclusive licensee, second named applicant registered owner of registered design in respect of cricket helmet - Respondent threatening to market similar helmet ~ Prima facie case of infringement of
s.30(1)(c) Designs Act.
Trade Practices Act 1974, s.52
Federal Court of Australia Act 1976, s.32
Designs Act 1906, s.30(1)(c)
COONAN & DENLAY PTY. LIMITED and ANTHONY EUNAN HENSON v. SUPERSTAR AUSTRALIA PTY. LIMITED
N.S.W. No. G112 of 1981
Bowen C.J.
4 September 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA) )
NEW SOUTH WALES DISTRICT REGISTRY) No. G112 of 1981 ) GENERAL DIVISION ) BETWEEN:
COONAN & DENLAY PTY. LIMITED and ANTHONY EUNAN HENSON
Applicants
AND:
SUPERSTAR AUSTRALIA PTY. LIMITED
Respondent ORDER JUDGE MAKING ORDER: Bowen C.J. DATE OF ORDER: 4 September 1981. WHERE MADE: Sydney.
THE COURT ORDERS THAT:
Upon the applicants giving to the Court the usual undertaking
as to damages, pending the determination of these proceedings
or further order the respondent by itself, its officers servants and agents, be restrained from:
1. Selling offering or keeping for sale, supplying or advertising any cricket helmet packaged in or sold offered or supplied or advertised in conjunction with any box the same or substantially the same as the box which is Exhibit
H; and
2. Selling offering or keeping for sale supplying or advertising: (a) any cricket helmet in the form of the helmet Exhibit J; or (b) any cricket helmet to which has been applied the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate