Fire Nymph Products Ltd & Anor v Jalco Products (WA) Pty Ltd [1983] FCA 85

CATCHWORDS

Trade Practices - metal, woodburning fireplaces - copyright - whether substantial reproduction - non-expert defence - application of artistic work

as individual design without registration of design - misleading and deceptive conduct ~ passing off - injunction - delivery up of products - damages -

appropriate relief

Trade Practices Act 1974, s.52 r

Copyright Act 1968, ss.71, 74, 77, 115(2) and 116 (2)

Designs Act 1906, s.18

FIRE NYMPH PRODUCTS LIMITED and ALPEN HOLDINGS PTY. LTD. v. JALCO PRODUCTS (W.A.) PTY. LTD.

KENT HEATING LTD. and ALPEN HOLDINGS PTY. LTD. v. JALCO PRODUCTS (W.A.) PTY. LTD.

Nos. WA Gi of 1982 WA Gli of 1982

Toohey J. Perth

5 May 1983

of

"y

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

Nos. WA Gl of 1982 WA Gil of 1982

BETWEEN

FIRE NYMPH PRODUCTS LIMITED and ALPEN HOLDINGS PTY. LTD.

Applicants and

JALCO PRODUCTS (W.A.) PTY. LTD.

Respondent

KENT HEATING LTD. and ALPEN HOLDINGS PTY. LTD.

Applicants and

JALCO PRODUCTS (W.A.} PTY. LTD.

Respondent Oo R D £E R JUDGE MAKING ORDER 2 Toohey J. DATE OF ORDER 3 5 May 1983 WHERE MADE z Perth THE COURT ORDERS THAT: 1. Each application stand for judgment on a date to be fixed. 2. Not less than 3 days before motion for

judgment the solicitors for the applicants

in WA G11 of 1982 lodge with the

District Registrar and serve on the solicitors for the respondent a minute

of the judgment for which they intend

to move in that application.

Not less than 3 days before motion for judgment the solicitors for the respondent lodge with the District Registrar and serve on the solicitors for the applicants in WA Gl of 1982 a minute of the