Atari Inc & Futuretronies Australia Pty Ltd v Fairstar Electronics Pty Ltd [1983] FCA 2

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EX _TEMPORE JUDCMENT IN THE FEDERAL COURT OF AUSTRALTA

VICTORIA DISTRICT RECTSTRY

VG No. 194 of 1982

GENERAL DIVISTON

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Between: ATARL TNC. and

FUTURETRONTCS AUSTRALIA

(Applicants)

And: FATRSTAR FLECTRONTCS PTY.

LTD.

(Respondent)

CORAM: SMITHERS J.

23 December 1982

iris

dae rece pee le

names

HONOUR: In this case the applicants seek interlocutory

injunctions restraining the respondent from importing anto Australia Video Computer Systems called "VCSs" fron infringing the trademark "Atari" of Futuretronics Australia Pty. Ltd. and from trading and selling in Australia VCSs which it has imported from outside Australia and which bear the trademark in question. It is not disputed that the trademark was affixed to the

goods in question by Atari Inc.

The applicants aiso seek an injunction restraining the

respondent from representing in relalion to these goods

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2.

that it has the capacity and ability to provide ail necessary equipment and services for the proper and/or effective maintenance, servicing or repair ,of the VCSs which are imported by it. Secondiy, that the VCSs as aforesaid, have the benefit of a capacity or ability by the respondent to provide a proper and/or repair of those systems. Thirdly, that persons who purchased the said vCSs imported, as aforesaid from the respondent between 15 November 1982 and 31 December 1982, were entitled to receive from the second-named applicant three video

catridges worth about $100.00.

The outline of the factual situation is that the applicant Atar Inc. is an American Company and is the Manufacturer of VCSs. These are eiectronic units comprising a multi circuit unit and auxiliary equipment. Atarl Inc. distributes these units world-wide through

distributors who are authorized to sell to retailers who

trade in particular areas. In Austrajia the applicant,